Opinion
No. 2011–1686NC.
2012-12-7
JP MORGAN CHASE BANK, NATIONAL ASSOCIATION As Successor in Interest to Washington Mutual Bank, Respondent, v. Guramrit HANSPAL also known as Guramrit S. Hanspal, Appellant, and Jean Chales, John Doe and Jane Doe, Occupants.
PRESENT: NICOLAI, P.J., IANNACCI and LaSALLE, JJ.
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 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 N.Y. 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.