New York Decisions of Interest

esp. Decisions Regarding NY State & NYC Process Servers

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[...]
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.[...]
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[...]
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[...]
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[...]
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[...]
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[...]
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[...]
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[...]
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[...]
Service of KY residents insufficient jurisidication when served NY agent
Orix Financial Services Inc. v. Baker Supreme Court IA PART 55 Justice Soloman Plaintiff Orix Financial Services, Inc. ("Orix") moves[...]
Receptionist served at Executive or cooperative offices not authorized to accept | As not employee
Rapport Assoc., Ltd. v Berg & Duffy, Ltd. Liab. Partnership Rapport Assoc., Ltd. v Berg & Duffy, Ltd. Liab. Partnership[...]
Process Server failed to attempt to ascertain defendant’s business address
New York Institute of Technology v. Allocca, 7199/06 Decided: April 4, 2007 Judge Andrew M. Engel NASSAU COUNTY District Court[...]
Process Server delivered summons to messenger center supervisor | Delivered properly
Pare v. Moore IA PART 15 Justice Tolub Pare v. Moore —The defendant moves, pursuant to CPLR 3211(a)[8], to dismiss[...]
Private Mexican attorney can serve via CPLR 311 a 1 and not Hague | Ruling States
Casa de Cambio Delgado, Inc. v. Casa de Cambio Puebla, S.A. de C.V. Queens, Supreme Court New York Law Journal[...]
Petitioner failed to serve via Hague | Failure warranted denial of injunctive relief
CanWest Global Communications Corp. v, Mirkaei Tikshoret Limited NEW YORK COUNTY Supreme Court Justice Edmead CanWest Global Communications Corp. ("CanWest")[...]
Person service prior to traverse hearing leads to court dismissal
North Fork Bank v. Grover District Court Judge Hackeling The above captioned pro se defendant, Raymond Grover, moves this Court[...]
NY Corporation controller able to accept in Minnesota lawsuit
NAVARRE CORP. v. JELLYBEAN RECORDINGS, INC. Thursday, December 20, 2001 Supreme Court New York County IA PART 47 Justice Omansky[...]
No non military affidavit verifying they were not on active duty
Cassano v. Gutkowski, 33863/06 Decided: April 11, 2007 Judge Andrew M. Engel NASSAU COUNTY District Court Attorney for Plaintiff: Howard[...]
Nail and Mail Service No Good I Process Server failed to attempt to learn place of employment, dwelling place or usual place of abode
Warner Bros. Records Inc. v. Berry, 07 Civ. 1092 Decided: April 9, 2008 District Judge Harold Baer U.S. DISTRICT COURT[...]
Nail and Mail | Process Server unable to recall details
Torres v. Soler, 20465/2006 Decided: November 17, 2009 Justice Lucindo Suarez BRONX COUNTY Supreme Court Appearances of counsel: Plaintiff: Don[...]
Nail and Mail | No Due Diligence
Saitta v. Dichiara, 14559-2006 Decided: January 12, 2007 Justice Peter H. Mayer SUFFOLK COUNTY Supreme Court David Jude Jannuzzi, Esq.[...]
Nail and Mail failed to meet due diligence requirement
Tsunis & Gasparis LLP v. Dunne, 235-2006 Decided: December 28, 2006 SUFFOLK COUNTY Supreme Court Tsunis & Gasparis, LLP Attorneys[...]
Nail and Mail defendant at same address as plaintiff
Lopez v. Menendez, 21881/2005 Decided: July 31, 2006 BRONX COUNTY Supreme Court Justice Guzman Defendant Joan Lopez's motion to dismiss[...]
Military Status Statement Defective | Due Diligence under 308-4 not shown
Travelers Ins. Co. v. Perrotta, 7742-2006 Decided: July 26, 2007 Justice Peter H. Mayer SUFFOLK COUNTY Supreme Court Law Offices[...]
Mailing of Papers one day later than on affidavit Service defective
CURCIO v. DONNELLY Tuesday, May 1, 2001 Supreme Court Suffolk County Justice Pitts CURCIO v. DONNELLY — ORDERED, that the[...]
Judgement denied against Fictitous corporation
Transwestern 25 West 43rd Street v. Gossage Regan Associates, Inc. Petitioner landlord instituted this commercial non-payment proceeding against Respondent tenant[...]
Hospital Service deemed ineffective as clerk acceptance unauthorized
DONAHUE v. NASSAU COUNTY MEDICAL CENTER Nassau, Supreme Court New York Law Journal Tuesday, June 11, 2002 Justice Shifrin By[...]
German citizen residing in Switzerland properly served at NJ corp headquarters
Velez v. Novartis Corporation U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Judge Lynch Plaintiffs in this putative class action[...]
France and Singapore Corps prof of economics served in Philadelphia | Lack of personal jurisdiction
Krepps v. Reiner U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Judge Sweet Defendant Insead (hereinafter "Insead") has moved for[...]
FL service met due diligence obtaining jurisdiction based on DMV address in NY
Ghee v. Washington Mutual Bank F.A. KINGS COUNTY Supreme Court Justice Schack In this action for alleged personal injuries sustained[...]
Even though Process Server had DMV record of address | Server had actual knowledge of incorrect address | Judgement Vacated
Kalamadden v. Singh QUEENS COUNTY Civil Court Judge Dufficy This matter appeared on the court's Special Term Part Hearing Calendar[...]
Email service deemed appropriate alternative means
Snyder v. Alternate Energy Inc., 011086 CVN 2007 Decided: April 4, 2008 Judge Matthew F. Cooper NEW YORK COUNTY Supreme[...]
Due Diligence Requirement not shown on Nail and Mail
Credit Acceptance Corp. v. Greve, 17228-2006 Decided: March 22, 2007 Justice Peter H. Mayer SUFFOLK COUNTY Supreme Court Relin, Goldstein[...]
Due Diligence not satisfied by sub service at address different than was on complaint
Jones Inlet Marina Inc. v. Kanter District Court Judge Cooper This is an application by the defendant to vacate a[...]
Doctor misled process server through staff | Dismissal denied
Criscitiello v. Alcala, 102567/07 Decided: June 10, 2008 Justice Joseph J. Maltese RICHMOND COUNTY Supreme Court Plaintiffs are represented by[...]
Delivery to Doorman followed by mailing deemed proper service
JSO Associates, Inc. v. Price, 016167/07 Decided: March 18, 2008 Justice Stephen A. Bucaria NASSAU COUNTY Supreme Court Attorney for[...]
Contract Employee NOT Served at Place of Buisiness
BRONX COUNTY Supreme Court Lyle A. Bakst, Esq. Fischer & Burstein, P.C. Attorney for Plaintiffs George R. Dieter, Esq. Law[...]
Alterations to street address on summonses causes traverse hearings
New Century Financial Services Inc. v. Baines, 8260/03 July 14, 2006 WESTCHESTER COUNTY Supreme Court For Plaintiff: Law Offices of[...]
Affidavit Defective Listing Similar but Not Correct Address Than That of Defendant
MRC Receivables Corp. v. Sanon, CV-135544-09/KI Decided: August 19, 2009 Judge Noach Dear KINGS COUNTY Civil Court Attorneys for Plaintiff:[...]
Process Server Stated Log Book Stolen | No Police Report | Case Dismissed
Process Server Stated Log Book Stolen 152 Misc.2d 901 (1992)   Inter-Ocean Realty Associates, Petitioner, v. JSA Realty Corp., Respondent.[...]