Legal Opinion
Raytsin v. Discover Bank
Appellate Terms of the Supreme Court of New York
Decided December 8, 2004PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order unanimously affirmed without costs.
*49The summons and complaint in the instant case were purportedly served upon defendant in Ohio. However, the affidavit of service thereof, which was executed in Ohio, failed to comply with CPLR 2309 (c) and Real Property Law § 299-a. Some cases note that an affidavit executed outside the state is defective due to the failure to comply with CPLR 2309 (c), but that the defect can be waived or cured nunc pro tunc (see e.g. Sparaco v Sparaco, 309 AD2d 1029, 1031 [2003]; Nandy v Albany Med. Ctr. Hosp., 155 AD2d 833 [1989];…
2Cases cited3 opinions
- Sparaco v. SparacoAppellate Division of the Supreme Court of the State of New York · 2003
- Nandy v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1989
- Ford Motor Credit Co. v. Prestige Gown Cleaning Service, Inc.Civil Court of the City of New York · 2002
3Cited by4 opinions
- Citibank (South Dakota), N.A. v. MartinCivil Court of the City of New York · 2005
- Chase Bank USA, N.A. v. CardelloCivil Court of the City of New York · 2010
- Bloomingdale Road Judgement Recovery v. WiseNew York Supreme Court · 2010
- MBNA America Bank v. StehlyAppellate Terms of the Supreme Court of New York · 2008