You searched for: "Service of Process"
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October 2, 2023
Service of Process Not Proper on Party’s Attorney Absent Express Authorization from Party
On September 15, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Credit Europe Bank (Dubai) Ltd. v Shetty, Index No. 651931/2023, 2023 NY Slip Op 33204(U) denying the plaintiff’s motion for summary judgment in lieu of complaint based on improper service of process.
The Court held that, despite an affidavit from an attorney representing the defendant in another action that he was authorized to accept service on behalf of that defendant in this action, plaintiff had failed to show proper service of process because that attorney was not attorney-of record in the underlying action, and because there was no evidence that the defendant had authorized that attorney to accept process on its behalf. The Court explained:
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May 24, 2021
Service of a Subpoena on One Member of a Partnership is Insufficient to Compel the Appearance of Another Partner
On May 10, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Zelik v… Read More
May 14, 2021
Defendant Waived Objection to Service By Failing to Raise it in Pre-Answer Motion to Dismiss
On May 4, 2021, the First Department issued a decision in J.G. Jewelry Pte. Ltd. v. TJC Jewelry, Inc… Read More
March 26, 2021
Evidentiary Hearing on Service Required When Defendant Overcomes Prima Facie Validity of Affidavit of Service
On March 19, 2021, the Fourth Department issued a decision in Garvey v. Global Asset Mgt. Solutions,… Read More
February 18, 2021
Even When Process Server Did Not Testify, Conclusory Denials of Receipt of Service Insufficient to Rebut Presumptive Validity of Affidavit of Service
On February 9, 2021, the First Department issued a decision in Eros Intl. PLC v. Mangrove Partners, … Read More
February 15, 2021
Court Upholds Nail and Mail Service
On February 1, 2021, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
January 29, 2021
Traverse Hearing Required When Defendant Defeats Prima Facie Validity of Affidavit of Service
On January 20, 2021, the Second Department issued a decision in US Bank N.A. v. Joseph, 2021 NY Slip… Read More
January 8, 2021
Mere Denial of Receipt of Service Insufficient to Overcome Affidavit of Service
On December 23, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More
July 30, 2020
Service on Doorman at Address Shown in DMV Records Sufficient Service Despite Defendant's Claim That He Did Not Live There
On July 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal… Read More
July 2, 2020
Mental Illness Does Not Make a Person Not of Suitable Discretion to Receive Service
On June 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Pate… Read More
March 14, 2020
Expiration of Statute of Limitations Supports Grant of Motion to Extend Time to Serve
On February 26, 2020, the Second Department issued a decision in BAC Home Loans Servicing, L.P. v. H… Read More
December 8, 2019
Plaintiff Prevails at Traverse Despite Process Server's Absence
On November 21, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
August 25, 2019
Complaint Fails Because of Insufficient Affidavit of Service
On August 21, 2019, the Second Department issued a decision in Aurora Loan Servs., LLC v. Revivo, 20… Read More
July 9, 2019
Corporate Defendant's Mail Delivery Problems Not Basis for Vacating Default Judgment
On June 17, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Fis… Read More
June 3, 2019
Defendant Fails to Overcome Presumption of Proper Service
On May 29, 2019, the Second Department issued a decision in Wells Fargo Bank, NA v. Burshstein, 2019… Read More
May 24, 2019
Court Excuses Late Filing of Affidavit of Service
On May 13, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Fur… Read More
May 18, 2019
Party Asserting Lack of Service as an Affirmative Defense Must Move for Judgment on that Defense Within 60 Days of Answering
On May 8, 2019, the Second Department issued a decision in U.S. Bank N.A. v. Roque, 2019 NY Slip Op… Read More
March 7, 2019
Action Dismissed For Failure Timely to Serve Summons and Complaint
On February 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in P… Read More
January 31, 2019
Failure to Serve Order to Show Cause as Directed Jurisdictional Defect
On January 23, 2019, the Second Department issued a decision in Boucan NYC Café, LLC v. 467 Rogers… Read More
January 19, 2019
Court Grants Extension of Time To Serve Defendant Even Though Plaintiff Did Not Provide Good Cause for Failure Timely to Serve
On November 5, 2018, Justice Livote of the Queens County Commercial Division issued a decision in FC… Read More
January 3, 2019
Action Dismissed for Failure Timely to Serve Defendants
On December 17, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 27, 2017
Failure Strictly to Comply With Service Requirements of LLC Law 304 Makes Service Ineffective
On December 22, 2017, the Fourth Department decided in Chan v. Onyx Capital, LLC, 2017 NY Slip Op. 0… Read More
December 4, 2017
No Jurisdiction Over Defendants If Proper Service Under the CPLR Is Not Made, Even if Defendants Received the Documents
On November 29, 2017, the Second Department issued a decision in Josephs v. AACT Fast Collections Se… Read More
October 24, 2017
Action Dismissed for Failure Timely to Serve Complaint
On October 10, 2017, the First Department issued a decision in Goldstein Group Holding, Inc. v. 310 … Read More
April 27, 2017
Motion Extending Time to Serve Made 18 Months After Service Was Contested Not Improperly Granted
On April 20, 2017, the First Department issued a decision in Deutsche Bank, AG v. Vik, 2017 NY Slip … Read More
February 13, 2017
Court Finds Service of Information Subpoena/Restraining Notice on Party's Counsel Adequate
On February 3, 2017, Justice Singh of the New York County Commercial Division issued a decision in D… Read More
August 21, 2016
Service on Corporate Officer Found Insufficient When Officer Was Adverse Party
On August 11, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
October 31, 2015
Witness in New York Pursuant to Subpoena Immune from Service in Related Action
On October 22, 2015, Justice Jaffe of the New York County Supreme Court issued a decision in Genger … Read More
August 16, 2015
Contempt Motion Denied For Improper Service of Subpoena
On July 28, 2015, Justice Bransten of the New York County Commercial Division issued a decision in B… Read More
April 28, 2015
Defects in Summons Require Dismissal of Action Brought By Motion For Summary Judgment In Lieu of Complaint
On April 17, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 3, 2015
Court Authorizes Service by Facebook
On March 27, 2015, Justice Cooper of a New York County matrimonial part issued a decision in Baidoo … Read More
March 28, 2015
Affidavit Rebutting Process Server's Affidavit Cannot be Conclusory
On March 24, 2015, Justice Whelan of the Suffolk County Commercial Division issued a decision in Ban… Read More
March 20, 2015
Evidence That Process Server Was Unlicensed Sufficient to Rebut Plaintiff's Prima Facie Showing Of Proper Service
On March 12, 2015, the First Department issued a decision in Matter of Pasanella v. Quinn, 2015 NY S… Read More
