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THE ABSENCE OF A CERTIFICATE OF CONFORMITY FOR AN OUT-OF-STATE AFFIDAVIT OF SERVICE WAS A MERELY TECHNICAL DEFECT WHICH DID NOT PREVENT THE COURT FROM CONSIDERING THE AFFIDAVIT (FIRST DEPT).

The First Department, reversing Supreme Court, noted that the absence of a certificate of conformity for an out-of-state affidavit of service did not prevent the court from considering the affidavit in this dispute about the legitimacy of service of process in Nevada:

Ameritek’s [defendant’s] argument that the lack of a certificate of conformity prevents the affidavit of service from being considered is unavailing. Even if such a finding may not be made until after the court’s jurisdiction over Ameritek has been established … , any defects resulting from the absence of the certificate of conformity in this instance are merely technical and do not raise questions about “the likelihood that the summons and complaint will reach defendant and inform him that he is being sued” … . GS Capital Partners, LLC v Ameritek Ventures, 2023 NY Slip Op 01942, First Dept 4-13-23

Practice Point: The absence of a certificate of conformity for an out-of-state affidavit of service did not prevent the court from considering the affidavit.

 

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