Process Server Incorrectly Described Tenant's Skin Color

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant claimed that landlord's lease nonrenewal and termination notice were improperly delivered, so the case must be dismissed.
The court held a traverse hearing. The process server's affidavit stated that he personally delivered the notice to tenant on a Saturday. He described tenant as female, "tan skin," black hair, 35 years old, five feet four inches tall, and 160 pounds. The process server admitted that he described tenant as having tan skin based on the ethnicity of her name. The process server also couldn't recall other details of the delivery. Tenant appeared in court and showed she was 36 years old, five feet six inches tall, 150 pounds, brown hair, and pale white skin. Tenant denied that the notice was delivered to her personally. She said that she was at home on a Sunday, heard a knock on the door, her son had a short conversation with someone at the door, and later she found four copies of the notice taped to the apartment door.
The court ruled for tenant and dismissed the case. The court believed tenant's testimony that the papers were delivered by conspicuous-place service, not personal service, on a Sunday. Service of legal process is prohibited on Sundays. The process server's affidavit also didn't identify any other service attempts. There also were questions about who completed the mailings of additional copies of the papers.

Trupia v. Davila: NYLJ, 6/3/09, p. 28, col. 3 (Civ. Ct. Kings; Lansden, J)