Posts Categorized: Service of Process

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... Read more »