On December 16, 2024, Justice Jamieson of the Westchester County Commercial Division issued a decision in U.S. Bank Trust N.A. v. Smith, 2024 NY Slip Op. 51857(U), holding that service by mail is complete on mailing, even if the mailing is not received . . . Continue reading Service by Mail is Complete on Mailing, Even if the Mailing is Not Received
On April 2, 2025, the Second Department issued a decision in OneWest Bank, FSB v. Singer, 2025 NY Slip Op. 01940, holding that a motion to extend time to serve was properly declined for failure to show either good cause or that the extension was in the interests of justice . . . Continue reading Motion to Extend Time to Serve Properly Denied for Failure to Show Either Good Cause or Interests of Justice
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
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
On January 8, 2025, the Second Department issued a decision in Creswell Invs., Ltd. v. Brazil+Q1 Ltd., 2025 NY Slip Op. 00081, holding that nail and mail service was ineffective Continue reading Nail and Mail Service Ineffective When Process Server Did Not Exercise Sufficient Diligence in Attempting to Serve Defendant
On January 8, 2025, the Second Department issued a decision in Gutierrez v. Hillside Hotel, LLC, 2025 NY Slip Op. 00083, holding that a defendant could not challenge service at Continue reading Defendant Could not Challenge Service at Address Designated with Secretary of State That Was Outdated
On December 14, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Gupta v. Gupta, 2024 NY Slip Op. 34411(U), allowing a plaintiff to serve a defendant by express mail plus e-mail to the defendant’s son . . . Continue reading Court Allows Plaintiff to Serve Defendant by Express Mail Plus E-mail to Defendant’s Son
On December 24, 2024, the Second Department issued a decision in Bayview Loan Servicing, LLC v. Ashkenazi, 2024 NY Slip Op. 06576, holding that a bare denial of service is insufficient to rebut a process server’s affidavit . . . Continue reading Bare Denial of Service Insufficient to Rebut Process Server Affidavit
On November 26, 2024, Justice Chan of the New York County Commercial Division issued a decision in WealthUnion Ventures LLC v. Yan, 2024 NY Slip Op. 34222(U), holding that an error or omission in an affidavit of service was a jurisdictional defect . . . Continue reading Error or Omission in an Affidavit of Service is a Jurisdictional Defect
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
