Action Dismissed for Failure Adequately to Document Defendant’s Counsel’s Acceptance of Service
Commercial Case Notes / Service of Process

Action Dismissed for Failure Adequately to Document Defendant’s Counsel’s Acceptance of Service

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

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
Commercial Case Notes / Service of Process

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 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

Adequacy of Service Turns on Fact Questions, Including the Defendant’s Failure to File a Change of Address Form with the USPS
Commercial Case Notes / Service of Process

Adequacy of Service Turns on Fact Questions, Including the Defendant’s Failure to File a Change of Address Form with the USPS

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

Plaintiff Granted Additional Time to Serve in the Interests of Justice Even Though it Did Not Show Good Cause for the Delay
Commercial Case Notes / Service of Process

Plaintiff Granted Additional Time to Serve in the Interests of Justice Even Though it Did Not Show Good Cause for the Delay

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

Nail and Mail Service Ineffective for Failure to Investigate Whether Service Was Made at Correct Address
Commercial Case Notes / Service of Process

Nail and Mail Service Ineffective for Failure to Investigate Whether Service Was Made at Correct Address

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

Nail and Mail Service Inadequate for Lack of Attempt to Service at the Defendant’s Business Address
Commercial Case Notes / Service of Process

Nail and Mail Service Inadequate for Lack of Attempt to Service at the Defendant’s Business Address

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

Bare Denial of Receipt of Service Insufficient to Overcome Presumptive Validity of Affidavit of Service
Commercial Case Notes / Service of Process

Bare Denial of Receipt of Service Insufficient to Overcome Presumptive Validity of Affidavit of Service

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

Denial of Receipt of Service Insufficient to Overcome Presumptive Validity of Affidavit of Service
Commercial Case Notes / Service of Process

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

Court Grants Additional Time to Serve Based on the Interests of Justice Despite Failure to Prove Due Diligence
Commercial Case Notes / Service of Process

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 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