Blogs

Posts Categorized: Service of Process

Posted: 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 Fisher v. Lewis Constr. NYC, Inc., 2019 NY Slip Op. 31775(U), holding that a corporate defendant’s mail delivery problems were not a basis for vacating a default judgment, explaining: Under CPLR 5015(a)(1), a court may relieve a party... Read more »

Posted: 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. 03648, holding that a party asserting lack of service as an affirmative defense must move for judgment on that defense within 60 days of answering, explaining: An objection that the summons and complaint was not properly... Read more »

Posted: 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 Plank, LLC v. Dutch Vil., LLC, 2019 NY Slip Op. 50188(U), dismissing an action for failure timely to serve the summons and complaint, explaining: CPLR 306-b requires service of process to be made within 120 days of the filing of... Read more »

Posted: 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 FCS Group, LLC v. Chica, 2018 NY Slip Op. 33433(U), extending a plaintiff’s time to serve even though the plaintiff did not show good cause for failing timely to serve, explaining: CPLR 32ll(a)(8) provides that a party may move the... Read more »

Posted: 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. 08966, holding the failure strictly to comply with the service requirements of LLC Law Section 204 makes service ineffective, explaining: We agree with SRP that plaintiff failed to comply strictly with Limited Liability Company Law § 304... Read more »