On February 8, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Shetty v. Bank of Baroda, 2024 NY Slip Op. 30454(U), authorizing service by Continue reading Court Authorizes E-Mail Service When Service Under the Hague Convention Impractical
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
On December 27, 2023, the Second Department issued a decision in Bhatara v. Kolaj, 2023 NY Slip Op. 06721, granting a plaintiff additional time to serve a defendant . . . Continue reading Plaintiff Given Additional Time to Serve When Initial Service was Defective
On December 27, 2023, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Mangi, 2023 NY Slip Op. 06725, noting the distinction between a person’s last known address and last known residence . . . Continue reading Court Notes Distinction Between Last Known Address and Last Known Residence
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
On October 24, 2023, the First Department issued a decision in U.S. Bank N.A. v. Barker Project LLC, 2023 NY Slip Op, 05384, holding that a delay caused by negotiations with defendant does not justify late service . . . Continue reading Delay Caused by Negotiations with Defendant Does Not Justify Late Service
On October 10, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Davidovich v. Shimha LLC, 2023 NY Slip Op. 33638(U), rejecting an attack on the sufficiency of nail and mail service . . . Continue reading Court Rejects Attack on Sufficiency of Nail and Mail Service
On October 11, 2023, the Second Department issued a decision in Bank of Am., N.A. v. Fischer, 2023 NY Slip Op. 05112, holding that despite multiple attempts at service, nail and mail servicer was insufficient . . . Continue reading Despite Multiple Attempts at Service, Nail and Mail Service Found Insufficient
On October 6, 2023, Justice Reed of the New York County Commercial Division issued a decision in Arena Special Opportunities Fund, LLC v. McDermott, 2023 NY Slip Op. 51052(U), dismissing an action for lack of personal jurisdiction based on, among other things, the plaintiff’s failure adequately to document defendant’s counsel acceptance of service . . . Continue reading Action Dismissed for Failure Adequately to Document Defendant’s Counsel’s Acceptance of Service
On September 15, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Credit Europe Bank (Dubai) Ltd. v. Shetty, 2023 NY Slip Op. 33204(U), holding that even if a party’s counsel in another action agrees to accept service, service is not effective without evidence that the defendant gave his counsel permission to accept service . . . Continue reading Even if a Party’s Counsel in Another Action Agrees to Accept Service, Service is not Effective Without Evidence that the Defendant Gave His Counsel Permission to Accept Service
