-Validity of CPLR 308(2) substituted service on defendant by in-hand delivery to his wife and follow-up mailing to him.
-Process Server testified, based solely on Affidavit of Service, that he delivered papers to defendant’s wife.
-Process server did not produce his license in effect at the time of service or his notes, field sheet or logbook.
-Legal argument re seemingly conflicting statutory requirements for recordkeeping and retention period.
-Plaintiff argued that statute required process server’s field sheet, log book and notes to be retained for three years, whereas service in question occurred some nine years prior to Traverse hearing.
-Defendant argued that General Obligations Law requires process server, without qualification or limitation as to time, to produce records at Traverse hearing. Defendant’s counsel argued that failure to produce records impaired his ability to effectively cross-examine process server.
-Cross-examination of process server on statutory obligation to maintain/retain records.
-Defendant denied knowledge of service and testified to discrepancies between his wife’s physical characteristics and those described in the Affidavit of Service as the person to whom papers were delivered.
-Defendant’s wife testified that she never met the process server prior to seeing him at the Traverse hearing.
-Process server (direct examination; cross-examination)
-Defendant (direct examination; cross-examination; redirect examination; recross exam)
-Defendant’s wife (direct examination; cross-examination; redirect examination)