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
On April 26, 2023, the Second Department issued a decision in U.S. Bank Trust, N.A. v. Catalano, 2023 NY Slip Op. 02139, holding that a bare denial of receipt of service was insufficient to overcome the presumptive validity of an affidavit of service . . . Continue reading Bare Denial of Receipt of Service Insufficient to Overcome Presumptive Validity of Affidavit of Service
On April 19, 2023, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Williams, 2023 NY Slip Op. 01982, holding the denial of receipt of service was insufficient to overcome the presumptive validity of an affidavit of service . . . Continue reading Denial of Receipt of Service Insufficient to Overcome Presumptive Validity of Affidavit of Service
On January 3, 2023, Justice Reed of the New York County Commercial Division issued a decision in Deutsche Bank Sec. Inc. v. 683 Capital Partners LP, 2023 NY Slip Op. 50002(U), granting additional time to serve in the interests of justice despite failure to prove due diligence . . . Continue reading Court Grants Additional Time to Serve Based on the Interests of Justice Despite Failure to Prove Due Diligence
On January 3, 2023, Justice Reed of the New York County Commercial Division issued a decision in Ardel Constr. & Design Group, Corp. v. VBG 990 AOA LLC, 2023 NY Slip Op. 50003(U), denying a motion to extend time to serve because of the plaintiff’s failure to diligently attempt to serve within the 120 days set by statute . . . Continue reading Court Denies Extra Time for Service Based on Lack of Diligence
On November 23, 2022, the Second Department issued a decision in LaSalle Bank, NA v. Ferrari, 2022 NY Slip Op. 06699, denying plaintiff an extension of time to serve due to lack of due diligence . . . Continue reading Plaintiff Denied Extension to Time to Serve Due to Lack of Diligence
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
On August 11, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Sharestates Invs. LLC v. 33 Nevins St LLC, 2022 NY Slip Op. 32777(U), holding that New York’s pandemic executive orders tolled a plaintiff’s time to serve the summons and complaint . . . Continue reading New York Pandemic Executive Orders Tolled Time to Serve
On August 25, 2022, Justice Masley of the New York County Commercial Division issued a decision in LCX AG v. 1.274M U.S. Dollar Coin, 2022 NY Slip Op 32834(U), authorizing service through a blockchain . . . Continue reading Court Authorizes Service by Blockchain
