Articles

When proof of service isnt proof enough

In Uncategorized on November 9, 2011 by bleakhouses

I am embroiled in a silly little bit of litigation in the Manhattan Commercial Landlord/Tenant part involving proof of service.

The Respondent is claiming the proceeding must be dismissed because the pre-requisite notices and petition contain copies of certified mail receipts and USPS return receipts signed for by a representative of the Respondent. Respondent is arguing that an affidavit of service, in this case it would be mine since I prepared the mailings, is required under RPAPL 741(1) because the affidavit describes the facts upon which the case is based and the proofs of mailing describe nothing.

To me its a ridiculous argument especially considering that the case relied upon by Respondent states that even if the proof of service are bad as long as the petition annexes the pre-requisite notices the Court has jurisdiction.

Never the less…we have killed at least one tree already fighting about it.

Stay tuned for the decision.

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