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HP Case: Didn't File Affidavit of Service. What to do now?

NYC Housing Court Practice/Procedures

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HP Case: Didn't File Affidavit of Service. What to do now?

Postby Sky » Mon Mar 15, 2010 10:22 pm

I brought an HP case. I wasn't informed that I had to file an affidavit of service, I was just told to mail copies of the petition certified, RRR.

I had my first court appearance on this HP case 3 weeks ago. LL filed a Cross-Motion, service being one of his defenses. The HP attorney didn't mention anything to me about an affidavit. I only became aware of it now as I am serving my Opposition to LL's cross-motion and I was told that I need to file affidavit of service with it.

So what do I do now? Is it too late to file an affidavit of service for the petition? Can I still submit it?
Sky
 
Posts: 174
Joined: Mon Jan 25, 2010 5:37 pm

Postby Sky » Tue Mar 16, 2010 8:24 pm

I received some advice on this I received:

Affidavit of service for the petition in an HP case is considered de minimus. Ditto with affidavit of service for opposition papers. Both can be filed on the next return date of court, at the clerk’s office who will notarize them.
The judge can be strict, but HP court is apparently more informal than other venues.

To those familiar with such proceedings, does this advice appear sound?
Sky
 
Posts: 174
Joined: Mon Jan 25, 2010 5:37 pm


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