Category: Service of Process

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

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

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

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

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 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