JP Morgan Chase Bank, N.A. v Hanspal

[*1] JP Morgan Chase Bank, N.A. v Hanspal 2012 NY Slip Op 52264(U) Decided on December 7, 2012 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 7, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., IANNACCI and LaSALLE, JJ
2011-1686 N C.

JP Morgan Chase Bank, National Association As Successor in Interest to WASHINGTON MUTUAL BANK, Respondent,

against

Guramrit Hanspal Also Known as GURAMRIT S. HANSPAL, Appellant, -and- JEAN CHALES, JOHN DOE and JANE DOE, Occupants.

Appeal from a final judgment of the District Court of Nassau County, First District (Angelo A. Delligatti, J.), entered February 10, 2011. The final judgment, after a nonjury trial, awarded possession to petitioner in a summary proceeding brought pursuant to RPAPL 713 (5).

ORDERED that the final judgment is affirmed, without costs.

In this summary proceeding brought pursuant to RPAPL 713 (5), Guramrit Hanspal (occupant) appeals from a final judgment which, after a nonjury trial, awarded possession to petitioner.

Contrary to occupant's contentions, the process server's failure to keep a log book and to produce it at trial does not undermine the process server's credibility, as there is no requirement [*2]that a process server outside the City of New York maintain a log book and produce it in court (General Business Law § 89-cc; Uniform Rules for NY City Civ Ct [22 NYCRR] § 208.29). No proof was introduced to show that the process server was not in compliance with his duty to maintain the records required by General Business Law § 89-u. Contrary to occupant's further contention, the inclusion in the 10-day notice to quit of language notifying occupant that he may be held liable for any damages inflicted upon the premises and for attorney's fees did not invalidate the notice, which satisfied the statutory purpose of giving occupant 10 days' notice to quit (RPAPL 713). Accordingly, the final judgment is affirmed.

Nicolai, P.J., Iannacci and LaSalle, JJ., concur.
Decision Date: December 07, 2012