Cobble Hillbillies, LLC v. Interior Design

OPINION OF THE COURT

Ellen Gesmer, J.

*988At the inquest of this commercial holdover case, petitioner’s counsel contended that he should be permitted to prove service of the 30-day notice by submission of the process server’s affidavit of service. The court rejects this argument, since the affidavit does not come within any exception to the hearsay rule nor does it state facts of which the court may take judicial notice. However, rather than denying the inquest, the court will set a further date for the submission of testimony on this issue, since counsel was acting on the good faith belief that he…