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
On August 6, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in York Re Capital Partners, LLC v. Benussi, 2025 NY Slip Op. 51282(U), holding that service on a person in a coma was ineffective . . . Continue reading Service on Person in a Coma Ineffective
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
On June 18, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Society Pass Inc. v. Xperx AI Pte Ltd, 2025 NY Slip Op. 32230(U), authorizing service of foreign defendants who could not be located for service under the Hague Convention to be served by e-mail . . . Continue reading Court Grants Permission to Serve Defendants by E-Mail
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
On May 23, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Rotonde v. Stewart Title Ins. Co., 2025 NY Slip Op. 50862(U), dismissing an action for failure properly to serve the defendant . . . Continue reading Action Dismissed for Failure Properly to Serve the Defendant
On May 21, 2025, the Second Department issued a decision in BJ Integra Affordable, LLC v. Vanmew Hous. Dev. Fund Corp., 2025 NY Slip Op. 03035, holding that the failure of the Secretary of State timely to forward papers was an excuse for a default . . . Continue reading Secretary of State’s Failure to Timely Forward Papers Excuse for Default
