Defendant’s Affidavit Showing That She Did Not Live at Address Where Service Was Made Requires Hearing on Service
Commercial Case Notes / Service of Process

Defendant’s Affidavit Showing That She Did Not Live at Address Where Service Was Made Requires Hearing on Service

On November 13, 2024, the Second Department issued a decision in U.S. Bank N.A. v. Henry, 2024 NY Slip Op. 05555, holding that a defendant’s affidavit showing that she did not live at the address where service was made required a traverse hearing on service . . . Continue reading Defendant’s Affidavit Showing That She Did Not Live at Address Where Service Was Made Requires Hearing on Service

Motion for Summary Judgment in Lieu of Complaint Denied for Failure to Give Sufficient Advance Notice
Commercial Case Notes / Service of Process / Summary Judgment

Motion for Summary Judgment in Lieu of Complaint Denied for Failure to Give Sufficient Advance Notice

On October 15, 2024, Justice Chan of the New York County Commercial Division issued a decision in Starship Holdings, LLC v. Maxben Holdings, LLC, 2024 NY Slip Op. 33740(U), that a motion for summary judgment in lieu of complaint must be denied because plaintiffs failed to give defendants legally sufficient advance notice of the motion . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Denied for Failure to Give Sufficient Advance Notice

Return Date for Motion for Summary Judgment in Lieu of Complaint Must be After the Defendant’s Time to Appear
Commercial Case Notes / Service of Process / Summary Judgment

Return Date for Motion for Summary Judgment in Lieu of Complaint Must be After the Defendant’s Time to Appear

On July 23, 2024, Justice Chan of the New York Commercial Division issued a decision in SD Stability SDIRA, LLC v. Maxben Holdings, LLC, 2024 NY Slip Op. 32556(U), holding that the return date for a motion for summary judgment in lieu of complaint must be after the defendant’s time to appear . . . Continue reading Return Date for Motion for Summary Judgment in Lieu of Complaint Must be After the Defendant’s Time to Appear

Where Work and Home Addresses are the Same, CPLR 308 Prohibition on Indicating That Contents Relate to Lawsuit Does Not Apply
Commercial Case Notes / Service of Process

Where Work and Home Addresses are the Same, CPLR 308 Prohibition on Indicating That Contents Relate to Lawsuit Does Not Apply

On June 18, 2024, the First Department issued a decision in AMK Capital Corp. v. Plotch, 2024 NY Slip Op. 03324, holding that
CPLR 308(2)’s restrictions prohibiting the inclusion of information indicating that a communication is from an attorney or concerns an action against the person to be served on an envelope in which process is mailed to a place of business apply when the mailing address serves both as a defendant’s residence and place of business do not apply . . . Continue reading Where Work and Home Addresses are the Same, CPLR 308 Prohibition on Indicating That Contents Relate to Lawsuit Does Not Apply

Denial of Receipt of Service Without Specific Facts Insufficient to Overcome Presumptive Validity of Affidavit of Service
Commercial Case Notes / Service of Process

Denial of Receipt of Service Without Specific Facts Insufficient to Overcome Presumptive Validity of Affidavit of Service

On May 22, 2024, the Second Department issued a decision in US Bank, N.A. v. Knight, 2024 NY Slip Op. 02837, holding that the denial of receipt of service without specific facts insufficient to overcome the presumptive validity of and affidavit of service . . . Continue reading Denial of Receipt of Service Without Specific Facts Insufficient to Overcome Presumptive Validity of Affidavit of Service

CPLR Does Not Allow for Service on Agents for Service of Process Appointed by Other State’s Statute
Commercial Case Notes / Service of Process

CPLR Does Not Allow for Service on Agents for Service of Process Appointed by Other State’s Statute

On April 17, 2024, Justice Chan of the New York County Commercial Division issued a decision in CLP Luminex Holdings, LLC v. Global Consumer Acquisition LLC, 2024 NY Slip Op. 31395(U), holding that the CPLR does not allow for service on agents for service of process appointed by another state’s statute . . . Continue reading CPLR Does Not Allow for Service on Agents for Service of Process Appointed by Other State’s Statute

Denial of Receipt of Service or Presence at Service Address Insufficient to Overcome Prima Facie Validity of Affidavit of Service
Commercial Case Notes / Service of Process

Denial of Receipt of Service or Presence at Service Address Insufficient to Overcome Prima Facie Validity of Affidavit of Service

On May 3, 2024, the Fourth Department issued a decision in Estate of Essig v. Essig, 2024 NY Slip Op. 02396, holding that denial of receipt of service or presence at service address was insufficient to overcome the prima facie validity of an affidavit of service . . . Continue reading Denial of Receipt of Service or Presence at Service Address Insufficient to Overcome Prima Facie Validity of Affidavit of Service

When Defendant Rebuts Prima Facie Validity of Affidavit of Service, Court Should Hold a Hearing to Determine Validity of Service
Commercial Case Notes / Service of Process

When Defendant Rebuts Prima Facie Validity of Affidavit of Service, Court Should Hold a Hearing to Determine Validity of Service

On May 1, 2024, the Second Department issued a decision in 115 Essex St., LLC v. Tenth Ward, LLC, 2024 NY Slip Op. 02290, holding that when a defendant rebuts the prima facie validity of an affidavit of service, the court should hold a hearing to determine the validity of service . . . Continue reading When Defendant Rebuts Prima Facie Validity of Affidavit of Service, Court Should Hold a Hearing to Determine Validity of Service

Court Erred in Denying More Time to Serve Defendant
Commercial Case Notes / Service of Process / Statute of Limitation/Laches

Court Erred in Denying More Time to Serve Defendant

On January 11, 2024, the First Department issued a decision in 1400 Ardel Constr. & Design Group, Inc. v. VBG 990 AOA, LLC, 2024 NY Slip Op. 00122, holding that the trial court erred in denying a motion for more time to serve, noting, among other things, the expiration of the statute of limitations . . . Continue reading Court Erred in Denying More Time to Serve Defendant