Legal Opinion
Professional Billing Resources, Inc. v. Haddad
Civil Court of the City of New York
Decided February 4, 2000PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Rolando T. Acosta, J.
Defendant moves for an order dismissing the action pursuant to CPLR 3211 (a) (8) upon the ground that he was not properly served under CPLR 308 (1), and that therefore the court lacks personal jurisdiction. The motion requires the court to decide whether personal delivery service under CPLR 308 (1) may be satisfied where the plaintiff, attempting to personally deliver a summons to a defendant doctor, serves someone else in the doctor’s office who claims to be the doctor but who, as it turns out, is actually an employee of the doctor. That question was…
2Cases cited21 opinions
- McDonald v. Ames Supply Co.New York Court of Appeals · 1968
- Macchia v. RussoNew York Court of Appeals · 1986
- Bossuk v. SteinbergNew York Court of Appeals · 1983
- Henderson v. HendersonNew York Court of Appeals · 1928
- Espy v. GiorlandoNew York Court of Appeals · 1982
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3Cited by3 opinions
- Everbank v. KellyAppellate Division of the Supreme Court of the State of New York · 2022
- Bland v. StateWest Virginia Supreme Court · 2012
- Margouleff v. BeckDistrict Court, S.D. New York · 2019