Service of Process Valid if Made as Required by Contract, Even if Defendant Did Not Receive Documents
Commercial Case Notes / Service of Process

Service of Process Valid if Made as Required by Contract, Even if Defendant Did Not Receive Documents

On October 30, 2025, the First Department issued a decision in Diamond Films Netherlands Cooperatief U.A. v. TV Azteca S.A.B. De C.V., 2025 NY Slip Op. 06017, holding that service of process was valid if made as required by contract, even if the defendant did not receive the documents . . . Continue reading Service of Process Valid if Made as Required by Contract, Even if Defendant Did Not Receive Documents

Defendant’s Denial of Receipt of Service Was Insufficiently Specific to Justify Traverse Hearing
Commercial Case Notes / Service of Process

Defendant’s Denial of Receipt of Service Was Insufficiently Specific to Justify Traverse Hearing

On October 8, 2025, the Second Department issued a decision in Quicksilver Capital, LLC v. Dixon Fin. Servs., LLC, 2025 NY Slip Op. 05545, holding that a defendant’s denial of receipt of service was insufficiently specific to justify holding a traverse hearing . . . Continue reading Defendant’s Denial of Receipt of Service Was Insufficiently Specific to Justify Traverse Hearing

Denial of Receipt, Without More, Insufficient to Overcome Presumption of Proper Service Created by Affidavit of Service
Commercial Case Notes / Service of Process

Denial of Receipt, Without More, Insufficient to Overcome Presumption of Proper Service Created by Affidavit of Service

On August 6, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Marcello v. MK Cuisine Global LLC, 2025 NY Slip Op. 33048(U), holding that a denial of receipt of service, without more, is insufficient to overcome the presumption of proper service created by an affidavit of service . . . Continue reading Denial of Receipt, Without More, Insufficient to Overcome Presumption of Proper Service Created by Affidavit of Service

Service on Person of Suitable Age and Discretion Valid if Plaintiff Had No Reason to Know of Dispute Between Recipient and Defendant
Commercial Case Notes / Service of Process

Service on Person of Suitable Age and Discretion Valid if Plaintiff Had No Reason to Know of Dispute Between Recipient and Defendant

On July 25, 2025, the Fourth Department issued a decision in Seebald v. Spoonley, 2025 NY Slip Op. 04324, holding that service on a person of suitable age and discretion was valid if the plaintiff had no reason to know of a dispute between the recipient and the defendant . . . Continue reading Service on Person of Suitable Age and Discretion Valid if Plaintiff Had No Reason to Know of Dispute Between Recipient and Defendant

Nail and Mail Service Ineffective When There Was Insufficient Diligence in Attempting Personal Service
Commercial Case Notes / Service of Process

Nail and Mail Service Ineffective When There Was Insufficient Diligence in Attempting Personal Service

On June 9, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Westchester Community Coll. v. Bekoe, 2025 NY Slip Op. 50937(U), holding that nail and mail service was ineffective when there was insufficient diligence in attempting personal service . . . Continue reading Nail and Mail Service Ineffective When There Was Insufficient Diligence in Attempting Personal Service