On December 23, 2020, Justice Friedman of the New York County Commercial Division issued a decision in New Globaltex Co., Ltd. v. Zhe Lin, 2020 NY Slip Op. 34257(U), holding that the mere denial of service is insufficient to overcome an affidavit of service, explaining: CPLR 308 (b) authorizes service by delivering the summons within... Read more »
Blogs
Posts Categorized: Service of Process
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 Tire v. Vitale, 2020 NY Slip Op. 32355(U), holding that service on a doorman at the address shown in the defendant’s DMV records was sufficient service despite the defendant’s claim that he did not live there, explaining:... Read more »
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 Patel v. Patel, 2020 NY Slip Op. 31864(U), rejecting the argument that mental illness rendered a person not of suitable discretion to receive service, explaining: Defendant contends that the Court lacks personal jurisdiction over Defendant because the individual... Read more »
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. Herbst, 2020 NY Slip Op. 01316, holding that the expiration of the statute of limitations supported granting additional time to serve, explaining: As relevant here, CPLR 306-b provides that service of the summons and complaint shall be made... Read more »
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 Eros Intl. PLC v. Mangrove Partners, 2019 NY Slip Op. 33461(U), holding that a plaintiff had established proper service despite the process server’s absence from the traverse hearing, explaining: At the traverse hearing, the burden fell on Eros... Read more »
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, 2019 NY Slip Op. 06210, affirming the dismissal of a complaint because the affidavit of service failed sufficiently to show compliance with the CPLR, explaining: At the hearing, a process server testified for the plaintiff that he served... Read more »
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 »
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 NY Slip Op. 04224, holding that a defendant had failed to overcome the presumption of proper service, explaining: A process server’s affidavit of service constitutes prima facie evidence of proper service. Although a defendant’s sworn denial of... Read more »
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 Furuya v. Parry, 2019 NY Slip Op. 31354(U), excusing the late filing of an affidavit of service, explaining: CPLR 306-b provides that a plaintiff must serve the summons and complaint within 120 days after commencement of an action. An... Read more »
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 »