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

Motion to Extend Time to Serve Properly Denied for Failure to Show Either Good Cause or Interests of Justice
Commercial Case Notes / Service of Process

Motion to Extend Time to Serve Properly Denied for Failure to Show Either Good Cause or Interests of Justice

On April 2, 2025, the Second Department issued a decision in OneWest Bank, FSB v. Singer, 2025 NY Slip Op. 01940, holding that a motion to extend time to serve was properly declined for failure to show either good cause or that the extension was in the interests of justice . . . Continue reading Motion to Extend Time to Serve Properly Denied for Failure to Show Either Good Cause or Interests of Justice

Failure to Meet the Timing Requirements for Service by Publication is Jurisdictional Defect
Commercial Case Notes / Service of Process

Failure to Meet the Timing Requirements for Service by Publication is Jurisdictional Defect

On March 22, 2025, Justice Masley of the New York County Commercial Division issued a decision in Bangladesh Bank v. Rizal Commercial Banking Corp., 2025 NY Slip Op. 30944(U), holding that the failure to meeting the timing requirements for service by publication is a jurisdictional defect . . . Continue reading Failure to Meet the Timing Requirements for Service by Publication is Jurisdictional Defect

Opposing Counsel’s Past Practice of Accepting Service by E-mail Did Not Constitute Agreement to Accept Such Service in New Proceeding
Commercial Case Notes / Service of Process

Opposing Counsel’s Past Practice of Accepting Service by E-mail Did Not Constitute Agreement to Accept Such Service in New Proceeding

On March 13, 2025, the First Department issued a decision in Matter of Shasha v. Malkin, 2025 NY Slip Op. 01434, holding that opposing counsel’s past practice of accepting service by e-mail did not constitute agreement to accept such service in a new proceeding . . . Continue reading Opposing Counsel’s Past Practice of Accepting Service by E-mail Did Not Constitute Agreement to Accept Such Service in New Proceeding