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Hirakis v. Beepat

Landlord's Witness Not Credible, Traverse Objection Sustained and Proceeding Dismissed

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DECISION/ORDER

*1 Upon the foregoing cited papers, the Decision/Order on this Motion to __________ is as follows:The court held a traverse hearing on the petition and notice of petition. At the hearing, petitioner called Emmanuel Hirakis to the stand. He testified that he is the son of petitioner and he is not a licensed process server and has not served more than 5 papers in the past year. He testified that he attempted service on 11/28/2017 at 7:30 a.m., 11/28/2017 after 6 p.m. and on 11/29/2017 at 12:15 p.m. He further testified that he affixed the notice of petition and petition on the door, after he affixed the notice of petition and petition, he stated that Ray Shuford came out of the apartment, removed the papers and began to curse at him. He then threw the papers at the car he was inside. He stated that on 11/29/2017, he prepared the mailings and sent them by certified mail and by regular mail. After testifying, the witness then stated that he was mistaken on his attempts, and that although the affidavit of service indicated that on 11/28/2017 at 7:30 a.m., he did not go to the apartment to make an attempt at service of papers but rather, he only went to the apartment to check the heat. The court notes that the witness never testified about how many copies of the petition and notice of petition were affixed to the door.

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