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First Commercial Bank of Memphis v. Ndiaye – Case Brief Summary (New York)

In First Commercial Bank of Memphis v. Ndiaye, 189 Misc.2d 523, 733 N.Y.S.2d 562 (Sup. Ct, Queens Co., 2001), a foreclosure action, the licensed process server produced a computer-generated log book at a traverse hearing.

The Court found that this method of record-keeping failed to comply with the precise requirements of GBL §89-cc and local regulations applicable to licensed process servers in New York City.

The Court noted that the purpose of these record-keeping requirements was co combat the continuing problem of process serving abuse, known as "sewer service," and to ensure the reliability of the records presented in support of jurisdiction.

Accordingly, the Court held that the testimony of the process server who failed to keep records in accordance with the statutory requirements could not be credited.

This failure to keep appropriate records was considered a failure to comply with the rules of the court regarding the production of records at a traverse hearing. See 22 NYCRR § 208.29.

The Court; held that, absent a showing of good cause for non-compliance, the underlying cause of action should be dismissed for lack of jurisdiction.