A process server working for a prestigious law firm in New York state for failing to keep any record of papers served. The Long Island ruling has opened the door to defense attorneys to buy time for their clients to refinance or modify their loans. Gary Cardi, a former police officer contracted by A&J Process Service who’s business is located on the same floor as foreclosure firm Steven J. Baum PC said he did not have any record of serving foreclosure papers on Soledad Murillo in 2008. In fact, he told state Supreme Court Justice F. Dana Winslow during an October hearing, he hasn’t been keeping any records of any of the “thousands” of cases he served over the last six years. Cardi violated New York General Business Law Article 8, which defines and outlines the duties for process servers — including, Winslow said, the need to keep “legible” records of service.
“I believe the judge erred in failing to recognize that records do not have to be kept for more than two years from date of service, either by the process server or their employer,” Baum said — meaning that Cardi’s duty to keep tabs on the alleged service to Murillo would have ended on April 5, 2010.