On August 12, 2026, the Second Department issued a decision in Anglada v. Bradford, 2026 NY Slip Op. 04917, holding that the fact that a defendant had two residences was insufficient to defeat the presumption of validity of service at one of them . . . Continue reading The Defendant Had Two Residences Insufficient to Defeat Presumption of Validity of Service at One of Them
On July 9, 2026, the First Department issued a decision in G-Unit Books, Inc. v. Tompkins, 2026 NY Slip Op. 04370, holding that a court did not abuse its discretion in denying a default judgment against a defendant whose answer was four months later because of questions regarding whether the defendant was served . . . Continue reading Court Did Not Abuse Discretion in Denying a Default Judgment Because of Questions Regarding Whether Defendant Was Served
On March 16, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Biz Advance Now, Inc. v. BHMAAA Inc., 2026 NY Slip Op. 31001(U), holding that a defendant’s failure to submit an affidavit rebutting service was fatal to a challenge to service . . . Continue reading Defendant’s Failure to Submit Affidavit Rebutting Service Fatal to Challenge to Service
On March 13, 2026, Justice Jamieson of the Westchester County Commercial Division issued a decision in Happy Hearts on the Hudson, Inc. v. Maban, 2026 NY Slip Op. 50328(U), holding that nail and mail service was inadequate because of a lack of diligence in attempting to serve the defendant personally . . . Continue reading Nail and Mail Service Inadequate Because of Lack of Diligence in Attempting to Serve Defendant Personally
On March 16, 2026, Justice Jamieson of the Westchester County Commercial Division issued a decision in Wilmington Sav. Fund Socy., FS v. Marrow, 2026 NY Slip Op. 50334(U), dismissing a foreclosure action for failure to serve the defendant at the proper address . . . Continue reading Foreclosure Action Dismissed For Failure to Serve Defendant at Proper Address
On March 4, 2026, Justice Reed of the New York County Commercial Division issued a decision in G-Unit Books, Inc. v. Tompkins, 2026 NY Slip Op. 50268(U), holding that a detailed explanation of why service was not effected is a sufficient excuse for failing timely to appear . . . Continue reading Detailed Explanation of Why Service Not Effected Sufficient Excuse for Failure Timely to Appear
On January 15, 2026, Justice Jamieson of the Westchester County Commercial Division issued a decision in Gonzalez v. Marte, 2026 NY Slip Op. 50058(U), holding that nail and mail service was improper because of a lack of due diligence in locating the defendant . . . Continue reading Nail and Mail Service Improper Because of Lack of Due Diligence in Locating Defendant
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
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
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
