Attorney Certification Didn't Have Original Signature

May 31, 1998

LVT Number: 12375

Landlord bought a building in a foreclosure sale and sued to evict tenants after serving a 10-day notice to quit. Attached to the notice was a certified copy of a referee's deed. But the attorney's signature certifying the deed was a facsimile copy, not an original signature. The court found that landlord's notice was defective, and so it ruled against landlord. Although the applicable law was silent, the legislature didn't intend to allow a mere facsimile of an attorney's signature to suffice where a certified copy of a deed was required.

Landlord bought a building in a foreclosure sale and sued to evict tenants after serving a 10-day notice to quit. Attached to the notice was a certified copy of a referee's deed. But the attorney's signature certifying the deed was a facsimile copy, not an original signature. The court found that landlord's notice was defective, and so it ruled against landlord. Although the applicable law was silent, the legislature didn't intend to allow a mere facsimile of an attorney's signature to suffice where a certified copy of a deed was required.

Security Pacific National Trust Co. v. Cuevas: NYLJ, p. 29, col. 3 (5/27/98) (Civ. Ct. Kings; Hoahng, J)

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