Legal Opinion
Unite National Retirement Fund v. Ariela, Inc.
District Court, S.D. New York
Decided June 24, 2008No. 04-cv-9869 (BSJ)PublishedCited by 4 opinions
1Opinion of the Court
Order
BARBARA S. JONES, District Judge.
Defendant Lee Ades moves to dismiss the complaint of Plaintiff UNITE National Retirement Fund pursuant to Rule 12(b)(5) alleging insufficient service. For the reasons set forth herein, this motion is DENIED.
Plaintiff attempted to serve Ades at two locations in New York, New York: 545 Eighth Avenue and 25 Central Park West, which it believed to be, respectively, Defendant’s place of business and Defendant’s place of residence. According to Ades’s declaration, 25 Central Park West is his brother’s apartment, and Ades himself has never lived there. (Ades…
2Cases cited3 opinions
- Preston v. New YorkDistrict Court, S.D. New York · 2002
- Sartor v. Utica Taxi Center, Inc.District Court, S.D. New York · 2003
- Vid v. KaufmanAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by4 opinions
- UNITE NATIONAL RETIREMENT FUND v. Ariela, Inc.District Court, S.D. New York · 2008
- Bautisa v. TAP Air PortugalDistrict Court, S.D. New York · 2025
- Mom Enterprises, INC. d/b/a Mommy's Bliss v. Roney Innovations, LLCDistrict Court, N.D. California · 2020
- Prokos v. Lions Equities, LLCDistrict Court, E.D. New York · 2024