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Category Archives for NY Decisions of Interest

District Court Denies Request to Serve Process via Email

March 25, 2013 Compass Bank v. Katz, No. 5:12-cv-00045, 2012 U.S. Dist. LEXIS 150907 (S.D. Tex. Sept. 27, 2012) Plaintiff did not show that the unknown address exception to the Hague Convention applied. Plaintiff attempted to serve defendant at their last know place of business which was a private mailbox facility. Then plaintiffs tried to […]

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Service of Process Through FaceBook OK | India Defendants

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ———————————————————————— FEDERAL TRADE COMMISSION, Plaintiff, -v- PCCARE247 INC., et al., Defendants. ———————————————————————— 12 Civ. 7189 (PAE) OPINION & ORDER PAUL A. ENGELMAYER, District Judge: Plaintiff the Federal Trade Commission moves for leave to effect service of documents other than the Summons and Complaint by alternative means […]

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Traverse Hearing Ordered | Affidavit did not address manner of service

Raymond v. Marchand, 13413/08 Decided: January 23, 2009 Justice Robert J. Miller KINGS COUNTY Supreme Court The plaintiff is represented by the law firm of O’Keke & Associates, P.C. by Ugochukwu Uzoh, Esq., of counsel The plaintiff is represented by the law firm of Dilimetin & Dilimentin by Laura M. Dilimentin, Esq., of counsel. Justice […]

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Traverse Hearing called regarding attempts before nail and mail service

230 EQUITY INC. v. KAHN Civil Court Housing PART C Judge Lebovits On May 12, 2003, petitioner began this pet-holdover proceeding by serving respondents with copies of a notice of petition and petition. Petitioner alleges that respondents are harboring a dog in their studio apartment. Respondents move to dismiss this proceeding. Respondents argue that petitioner […]

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Ten year old to young to accept service of process for parents

Wells Fargo Bank Minnesota N.A. v. Roman RICHMOND COUNTY Supreme Court Justice Gigante This motion to vacate a judgment of foreclosure and sale, and the sale itself, raises some issues of concern for consideration. In seeking vacatur, defendant April K. Romano points to the affidavit of service of process filed in this case, which alludes […]

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Taped to Bank Headquarters | No Translation to German | No Jurisdiction

Hypo Bank Claims Group Inc. v. American Stock Transfer & Trust Supreme Court IA Part 35 Justice Edmead In this action for insider trading and securities fraud, plaintiffs Hypo Bank Claims Group, Inc. and Peter Wiehs (“plaintiffs”) move by way of an Order to Show Cause dated May 25, 2004 for an order compelling defendants […]

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Sub Service on retired coworker at old place of work Defective

Borges v. Entra America Incorp. NEW YORK COUNTY Civil Court Judge Hagler Defendant Adela Ivan (“Ivan” or “defendant”) moved by order to show cause for an order as follows: 1. vacating the default judgment entered herein pursuant to CPLR §§317 and 5015(a); and 2. for such other and further relief as considered just by this […]

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Sub service on doorman needs showing that server was denied access

Meltzer, Lippe, Goldstein & Schlissel, P.C. v. Brown Supreme Court Justice Winslow The Court automatically adjourns all motions that are submitted without opposition for one month, whether or not there was either an administrative delay or excusable neglect. Such adjournment is made without prejudice to the moving party to have the merits of such an […]

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Sub service by email OK by court to email address in advertisement

Tishman v. The Associated Press U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Judge Lynch Plaintiffs Jeffrey Tishman and Arnold Wilkinson, former employees of the Associated Press (“AP”), bring this action against AP and several of its present and former officers, including Donald W. Pine (“Pine” or “defendant”), alleging age discrimination in violation of federal […]

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Single summons served on corp officer; for corp and officer individually

Perez v. Garcia BRONX COUNTY Supreme Court Justice Renwick Dennis Perez commenced this breach of contract action against a cooperative corporation and its Board of Directors, seeking specific performance of an alleged contract for the sale of certain stocks appurtenant to a cooperative apartment. Plaintiff now moves for a default judgment based upon defendants’ failure […]

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