Appellate Court Reverses Decision For Log Book Requirement For Process Servers Outside of New York City

Posted by | July 22, 2015 | DCA | No Comments

A New York Court has reversed the June 2013 decision that process servers outside of New York City had to maintain a log book for services performed outside of New York City.

The Appellate Division 2nd Department of the Supreme Court of the State of New York in Moret Partnership V. William J. Spickerman, et al has reversed the decision of Justice Winslow of the Nassau Supreme Court.

The case involved a defendant moving to vacate a judgment due to improper service. While the process server testified his employer kept a work ticket which he filled out as a record for each service, there was no log book maintained.  The original ruling concluded that despite the sufficiency in testimony and affidavits to constitute proper service, the failure to comply with the log book requirement resulted in improper service.

The New York State Professional Process Servers Association at the time of the original ruling voiced its opposition. Legislation to remove the log book requirement was introduced in the past legislative session but was not brought to the floor, but will be pursued in the upcoming session.

To read the full decision of the Appellate Division, click here.

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