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Posts Categorized: Service of Process

Posted: 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 Deutsche Bank AG v. Sebastian Holdings Inc., 2017 NY Slip Op. 30241(U), holding that service of an information subpoena and restraining notice on a party’s counsel was sufficient service, explaining: Defendant argues that it was not properly served… Read more »

Posted: 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 in Som v. Peter Som, Inc., 2016 NY Slip Op. 31539(U), holding that service on a corporation’s CEO was insufficient service of the corporation when the CEO was suing the corporation, explaining: [T]he court cannot recognize plaintiffs attempt to… Read more »

Posted: 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 v. Genger, 2015 NY Slip Op. 25356, quashing a subpoena served on a witness who was in the jurisdiction pursuant to a subpoena in a related action. In Genger, the witness–a non-party–was testifying at the trial of… Read more »

Posted: September 21, 2015

Client Q&A: I have to sue a foreign company, but don’t know where and how…

I have to sue a foreign company, but don’t know where and how… By Vitali S. Rosenfeld Just like in any business dealings, a relationship with a foreign counterparty may invite litigation. But international proceedings can bring more uncertainty, because there are more variables. Where do you sue: here (where you are), there (where they… Read more »

Posted: 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 Clinton Capital Corp. v. 635 Realty Corp., 2015 NY Slip Op 30614(U), dismissing an action brought by motion for summary judgment in lieu of complaint based on defects in the summons and service of process. The plaintiff in… Read more »

Posted: 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 v. Blood-Dzraku, 2015 NY Slip Op. 25096, granting permission to serve a defendant by Facebook. In Baidoo, the plaintiff, who was seeking a divorce, sought permission to serve the defendant by Facebook. The court granted the motion… Read more »

Posted: 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 Slip Op. 02001, remanding a motion to vacate a default judgment for a traverse hearing based on evidence that the process server was not properly licensed. The Court held: Appellant’s initial, conclusory denial of the receipt of… Posted in Commercial, Service of Process