Category: Service of Process

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

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