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at Continue reading Defendant Could not Challenge Service at Address Designated with Secretary of State That Was Outdated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
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
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
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
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
