Defendants Waived Defense of Improper Service of Process by Failing to Plead it with Particularity
Commercial Case Notes / Motion to Dismiss / Service of Process

Defendants Waived Defense of Improper Service of Process by Failing to Plead it with Particularity

On September 7, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2022 NY Slip Op. 33000(U), holding that defendants waive the defense of improper service by failing to plead it with particularity . . . Continue reading Defendants Waived Defense of Improper Service of Process by Failing to Plead it with Particularity

Defendant Who Used Address on Guaranty Estopped From Denying That He Resided at that Address in Action to Recover on Guaranty
Commercial Case Notes / Service of Process

Defendant Who Used Address on Guaranty Estopped From Denying That He Resided at that Address in Action to Recover on Guaranty

On August 17, 2022, the Second Department issued a decision in Hudson Val. Bank, N.A. v. Eagle Trading, 2022 NY Slip Op. 04956, holding that a defendant who used an address on a guaranty was estopped from denying that he resided at that address in an action to enforce the guaranty . . . Continue reading Defendant Who Used Address on Guaranty Estopped From Denying That He Resided at that Address in Action to Recover on Guaranty

Failing to Update Service Address Does Not Excuse Alleged Failure to Receive Process
Commercial Case Notes / Service of Process

Failing to Update Service Address Does Not Excuse Alleged Failure to Receive Process

On July 26, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Shabtai v. HFZ Capital Group, LLC, 2022 NY Slip Op. 50669(U), holding that a failure to update its address for service of process did not excuse a defendant’s alleged failure to receive process . . . Continue reading Failing to Update Service Address Does Not Excuse Alleged Failure to Receive Process

Uniform Trial Court Rule on Electronic Service by Agreement do not Supplant Requirements of BCL § 304
Commercial Case Notes / Service of Process

Uniform Trial Court Rule on Electronic Service by Agreement do not Supplant Requirements of BCL § 304

On January 6, 2022, Justice Platkin of the Albany County Commercial Division issued a decision in Contractors Compensation Trust v. $49.99 Sewer Man, Inc., 2022 NY Slip Op. 22004, holding that the Uniform Trial Court Rule regarding electronic service by agreement do not supplant the requirements of BCL § 304 . . . Continue reading Uniform Trial Court Rule on Electronic Service by Agreement do not Supplant Requirements of BCL § 304

Action Dismissed Against Defendant for Failure to Serve the Complaint as Required by the Parties’ Agreement
Commercial Case Notes / Service of Process

Action Dismissed Against Defendant for Failure to Serve the Complaint as Required by the Parties’ Agreement

On December 14, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in U.S. Bank N.A. v. RIY Realty LLC, 2021 NY Slip Op. 32711(U), dismissing the claims against a defendant for failure to serve the complaint as required by the parties’ agreement . . . Continue reading Action Dismissed Against Defendant for Failure to Serve the Complaint as Required by the Parties’ Agreement

Service on Brazilian Defendant Under BCL 307 Must Satisfy Both BCL and the Hague Convention
Commercial Case Notes / Service of Process

Service on Brazilian Defendant Under BCL 307 Must Satisfy Both BCL and the Hague Convention

On December 9, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Air Astana JSC v. Embraer, S.A., 2021 NY Slip Op. 32650(U), holding that service on a Brazilian defendant under BCL 307 must satisfy the requirements of both the BCL and the Hague Convention . . . Continue reading Service on Brazilian Defendant Under BCL 307 Must Satisfy Both BCL and the Hague Convention