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
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
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
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
On November 8, 2021, Justice Masley of the New York County Commercial Division issued a decision in Partridge v. Authentic Brands Group, 2021 NY Slip Op. 32219(U), holding that an LLC may not be served by serving its receptionist . . . Continue reading LLC May Not Be Served Through Service on Receptionist
On August 11, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Contractors Compensation Trust v. $49.99 Sewer Man, Inc., 2021 NY Slip Op. 50787(U), holding that serving an electronic copy of a complaint on a defendant was not proper service, . . . Continue reading Defendant Must be Served With Paper Copy of Complaint
