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

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

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

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

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

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

Papers Served Pursuant to an Order to Show Cause Must be Served Exactly How the OSC Requires

Papers Served Pursuant to an Order to Show Cause Must be Served Exactly How the OSC Requires

On November 21, 2023. the First Department issued a decision in Colonial Funding Network, Inc. v. Finley, 2023 NY Slip Op. 05980, holding that papers served pursuant to an order to show cause must be served exactly how the order to show cause requires them to be served . . . Continue reading Papers Served Pursuant to an Order to Show Cause Must be Served Exactly How the OSC Requires