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.