Court Grants Additional Time to Serve Based on the Interests of Justice Despite Failure to Prove Due Diligence

Court Grants Additional Time to Serve Based on the Interests of Justice Despite Failure to Prove Due Diligence

On January 3, 2023, Justice Reed of the New York County Commercial Division issued a decision in Deutsche Bank Sec. Inc. v. 683 Capital Partners LP, 2023 NY Slip Op. 50002(U), granting additional time to serve in the interests of justice despite failure to prove due diligence . . . Continue reading Court Grants Additional Time to Serve Based on the Interests of Justice Despite Failure to Prove Due Diligence

Court Denies Extra Time for Service Based on Lack of Diligence

Court Denies Extra Time for Service Based on Lack of Diligence

On January 3, 2023, Justice Reed of the New York County Commercial Division issued a decision in Ardel Constr. & Design Group, Corp. v. VBG 990 AOA LLC, 2023 NY Slip Op. 50003(U), denying a motion to extend time to serve because of the plaintiff’s failure to diligently attempt to serve within the 120 days set by statute . . . Continue reading Court Denies Extra Time for Service Based on Lack of Diligence

Defendants Waived Defense of Improper Service of Process by Failing to Plead it with Particularity

Defendants Waived Defense of Improper Service of Process by Failing to Plead it with Particularity

On September 7, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2022 NY Slip Op. 33000(U), holding that defendants waive the defense of improper service by failing to plead it with particularity . . . Continue reading Defendants Waived Defense of Improper Service of Process by Failing to Plead it with Particularity

Defendant Who Used Address on Guaranty Estopped From Denying That He Resided at that Address in Action to Recover on Guaranty

Defendant Who Used Address on Guaranty Estopped From Denying That He Resided at that Address in Action to Recover on Guaranty

On August 17, 2022, the Second Department issued a decision in Hudson Val. Bank, N.A. v. Eagle Trading, 2022 NY Slip Op. 04956, holding that a defendant who used an address on a guaranty was estopped from denying that he resided at that address in an action to enforce the guaranty . . . Continue reading Defendant Who Used Address on Guaranty Estopped From Denying That He Resided at that Address in Action to Recover on Guaranty

Failing to Update Service Address Does Not Excuse Alleged Failure to Receive Process

Failing to Update Service Address Does Not Excuse Alleged Failure to Receive Process

On July 26, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Shabtai v. HFZ Capital Group, LLC, 2022 NY Slip Op. 50669(U), holding that a failure to update its address for service of process did not excuse a defendant’s alleged failure to receive process . . . Continue reading Failing to Update Service Address Does Not Excuse Alleged Failure to Receive Process

Uniform Trial Court Rule on Electronic Service by Agreement do not Supplant Requirements of BCL § 304

Uniform Trial Court Rule on Electronic Service by Agreement do not Supplant Requirements of BCL § 304

On January 6, 2022, Justice Platkin of the Albany County Commercial Division issued a decision in Contractors Compensation Trust v. $49.99 Sewer Man, Inc., 2022 NY Slip Op. 22004, holding that the Uniform Trial Court Rule regarding electronic service by agreement do not supplant the requirements of BCL § 304 . . . Continue reading Uniform Trial Court Rule on Electronic Service by Agreement do not Supplant Requirements of BCL § 304

Action Dismissed Against Defendant for Failure to Serve the Complaint as Required by the Parties’ Agreement

Action Dismissed Against Defendant for Failure to Serve the Complaint as Required by the Parties’ Agreement

On December 14, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in U.S. Bank N.A. v. RIY Realty LLC, 2021 NY Slip Op. 32711(U), dismissing the claims against a defendant for failure to serve the complaint as required by the parties’ agreement . . . Continue reading Action Dismissed Against Defendant for Failure to Serve the Complaint as Required by the Parties’ Agreement