Failure to Meet the Timing Requirements for Service by Publication is Jurisdictional Defect

Failure to Meet the Timing Requirements for Service by Publication is Jurisdictional Defect

On March 22, 2025, Justice Masley of the New York County Commercial Division issued a decision in Bangladesh Bank v. Rizal Commercial Banking Corp., 2025 NY Slip Op. 30944(U), holding that the failure to meeting the timing requirements for service by publication is a jurisdictional defect . . . Continue reading Failure to Meet the Timing Requirements for Service by Publication is Jurisdictional Defect

Opposing Counsel’s Past Practice of Accepting Service by E-mail Did Not Constitute Agreement to Accept Such Service in New Proceeding

Opposing Counsel’s Past Practice of Accepting Service by E-mail Did Not Constitute Agreement to Accept Such Service in New Proceeding

On March 13, 2025, the First Department issued a decision in Matter of Shasha v. Malkin, 2025 NY Slip Op. 01434, holding that opposing counsel’s past practice of accepting service by e-mail did not constitute agreement to accept such service in a new proceeding . . . Continue reading Opposing Counsel’s Past Practice of Accepting Service by E-mail Did Not Constitute Agreement to Accept Such Service in New Proceeding

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

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

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

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