Legal Opinion
Morris v. Smithline
Watertown City Court
Decided November 9, 1989PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
James C. Harberson, Jr., J.
Action was commenced on August 23, 1988 by summons and complaint served by personal service under UCCA 403. This original summons did not conform with UCCA 402 and a new service of a summons and complaint was made on September 6, 1988.
Philip Smithline was served at 520 Woolworth Building (his business office). Elaine Smithline was not there, and her copy of the summons and complaint was given to her husband, Philip Smithline, and a copy was mailed to the same address by the process server.
CPLR 308 (2) allows service upon a person of suitable age…
2Cases cited7 opinions
- Reporter Co. v. TomickiAppellate Division of the Supreme Court of the State of New York · 1978
- Red Creek National Bank v. Blue Star Ranch, Ltd.Appellate Division of the Supreme Court of the State of New York · 1977
- De Forte v. Doctors Hospital of Staten IslandAppellate Division of the Supreme Court of the State of New York · 1978
- Kirkman/3hree, Inc. v. Priority AMC/Jeep, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- 14 Second Ave. Realty Corp. v. SzalayAppellate Division of the Supreme Court of the State of New York · 1962
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- St. Clare's Hospital v. Allcity InsuranceAppellate Division of the Supreme Court of the State of New York · 1994