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
On September 15, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Credit Europe Bank (Dubai) Ltd. v. Shetty, 2023 NY Slip Op. 33204(U), holding that even if a party’s counsel in another action agrees to accept service, service is not effective without evidence that the defendant gave his counsel permission to accept service . . . Continue reading Even if a Party’s Counsel in Another Action Agrees to Accept Service, Service is not Effective Without Evidence that the Defendant Gave His Counsel Permission to Accept Service
On August 23, 2023, the Second Department issued a decision in U.S. Bank N.A. v. Henry, 2023 NY Slip Op. 04391, holding that the adequacy of service turned on fact questions, including the defendant’s failure to file a change of address form with the U.S. Postal Service . . . Continue reading Adequacy of Service Turns on Fact Questions, Including the Defendant’s Failure to File a Change of Address Form with the USPS
On June 7, 2023, the Second Department issued a decision in U.S. Bank Natl. Assn. v. Bindra, 2023 NY Slip Op. 03037, holding that a plaintiff should be granted additional time to serve in the interests of justice even though the plaintiff had not showed good cause for the failure timely to serve . . . Continue reading Plaintiff Granted Additional Time to Serve in the Interests of Justice Even Though it Did Not Show Good Cause for the Delay
On May 19, 2023, Justice Cohen of the New York County Commercial Division issued a decision in McGuigan v. Gendell, 2023 NY Slip Op. 31697(U), holding that nail and mail service was ineffective because of the failure to investigate whether service was made at the correct address . . . Continue reading Nail and Mail Service Ineffective for Failure to Investigate Whether Service Was Made at Correct Address
On May 11, 2023, Justice Masley of the New York County Commercial Division issued a decision in Pala Assets Holdings Ltd v. Rolta, LLC, 2023 NY Slip Op. 31608(U), authorizing service of process by e-mail in India . . . Continue reading Court Authorizes Service of Process in India by E-Mail
On April 17, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Goldman Sachs Bank USA v. Wagschal, 2023 NY Slip Op. 31263(U), holding that nail and mail service was inadequate because the process server failed to attempt service at the defendant’s business address . . . Continue reading Nail and Mail Service Inadequate for Lack of Attempt to Service at the Defendant’s Business Address
