On June 4, 2011, Jesse Langel secured the dismissal of a $31,000 default judgment on the grounds that the process server, Andrew Lindauer of AAA Attorney Service Co. of NY, Inc., failed to appear at a traverse hearing (a hearing to determine jurisdiction).
In this case, Mr. Lindauer alleged in his Affidavit of Service that he served our client's wife at his apartment. Two problems with this claim: 1) my client's wife was not in the United States at the time of the alleged service; and 2) the affidavit described the wrong apartment number on the wrong floor! It turns out that that this particular process server had his license revoked for creating false affidavits.
Bad service is an overwhelming problem in New York City. "Sewer service" remains rampant. If you have been sued but were not properly served, call me: (646) 290-5600. A jurisdictional defense is your first line of offense in protecting yourself.