Is Dismissal Required When Process Server Fails to Produce All Records Relating to the Service ?
In Rose Assocs. v. Becker (153 Misc 2d 900 [Civ Ct, NY County 1992]) the court held that dismissal is required when there is a failure to produce all records in the process server's possession relating to the service.
The process server in Rose Assocs. brought his log book to the traverse hearing, but neglected to bring his note sheets made concurrently with service of process. See also Silvestri v. Mandell (NYLJ, Dec. 18, 1991, at 24, col 6 [Civ Ct, Kings County]) holding that dismissal was warranted based on the process server's failure to produce the records required by the court rules.
In Silvestri, a process server failed to produce his license or a bound, paginated volume of records.
Instead he claimed his license had been stolen.
He brought three loose pages of records to the traverse hearing.
The court reasoned that although there was no suggestion that the process server falsified his records or testified untruthfully about the service he made, to uphold the service would violate the strong public policy underlying the regulation governing service of process.