On March 19, 2021, the Fourth Department issued a decision in Garvey v. Global Asset Mgt. Solutions, Inc., 2021 NY Slip Op. 01664, holding that there must be an evidentiary hearing on service when a defendant overcomes the prima facie validity of an affidavit of service, explaining: Plaintiff initially contends that the court should have... Read more »
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Posts Categorized: Service of Process
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, 2021 NY Slip Op. 00793, holding that even when the process server did not testify, conclusory denials of receipt of service were insufficient to rebut the presumptive validity of an affidavit of service, explaining: Plaintiff established by a... Read more »
Court Upholds Nail and Mail Service
On February 1, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Ladder Capital Fin. LLC v. Paul, 2021 NY Slip Op. 30321(U), finding that nail and mail service was adequate, explaining: Pursuant to CPLR ยง 308(4), where service under paragraphs 1 and 2 cannot be made with due diligence... Read more »
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 Op. 00323, ordering a traverse hearing when the defendant defeated the prima facie validity of an affidavit of service, explaining: The court does not have personal jurisdiction over a defendant when a plaintiff fails to properly... Read more »
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 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 »
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 »