HEREDIA v. CONTINO


79 Misc.2d 222 (1973)

Fred Heredia, Appellant, v. Salvatore Contino, Respondent.

Supreme Court, Appellate Term, Second Department.

November 14, 1973


Attorney(s) appearing for the Case

Archimedes Cervera (Mark Rosenberg of counsel), for appellant.

Concur — HOGAN, P. J., PITTONI and McCULLOUGH, JJ.


MEMORANDUM.

Judgment unanimously reversed, with $10 costs to defendant, and new trial ordered.

A sheriff is liable to the one he serves for negligently making out a false return of service (Green v. Ferguson, 14 Johns. 389 [1817]). In our view, a professional process server should be held to substantially the same liability imposed upon sheriffs. By signing an affidavit of personal service without reading...

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