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 »
Blogs
Posts Categorized: Service of Process
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 Services, Inc., 2017 NY Slip Op. 08357, holding that if defendants were not properly served, the court had no jurisdiction over them regardless of whether they received the Summons and Complaint, explaining: The affidavits of service filed by the… Read more »
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 E. 4th St. Housing Development Fund Corp., 2017 NY Slip Op. 07086, holding that an action properly was dismissed for failure timely to serve the complaint on the defendant, explaining: Supreme Court correctly dismissed the complaint for lack… Read more »
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 Op. 03075, holding that a trial court did not abuse its discretion in granting a motion to extend time to serve made 18 months after service was contested, explaining: The motion court exercised its discretion in… Read more »
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 »
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 »
Client Q&A: It looks like I am being sued, but I am not sure the lawsuit has been properly commenced.
It looks like I am being sued, but I am not sure the lawsuit has been properly commenced. By Bradley J. Nash The first step in commencing a lawsuit in New York is filing a summons and complaint in Court. But before the case really starts, the plaintiff must deliver the summons and complaint to… Read more »
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 »
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 »
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 Board of Managers of the Setai Condominium Residences at 40 Broad St. v. 40 Broad, LLC, 2015 NY Slip Op. 31431(U), denying a motion for contempt for failure to respond to a subpoena because the subpoena had not… Read more »