Legal Opinion
First Commercial Bank of Memphis, N. A. v. Ndiaye
New York Supreme Court
Decided July 9, 2001PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Charles A. LaTorella, Jr., J.
In this mortgage foreclosure action, defendant homeowner moves to dismiss the complaint, alleging lack of personal jurisdiction. The defendant contends that the court never acquired jurisdiction over him because service of process was improper. It is asserted that the process server, licensed in the City of New York, failed to comply with General Business Law § 89-cc and 6 RCNY 2-233, promulgated by the Department of Consumer Affairs. This court granted a traverse hearing.
The question presented is whether computer records comply with the…
2Cases cited4 opinions
- Matter of Barr v. Dep't of Consumer Affairs of the City of New YorkNew York Court of Appeals · 1987
- Feierstein v. MullanAppellate Terms of the Supreme Court of New York · 1983
- Rose Associates v. BeckerCivil Court of the City of New York · 1992
- Inter-Ocean Realty Associates v. JSA Realty Corp.Civil Court of the City of New York · 1992
3Cited by4 opinions
- Sykes v. Mel S. Harris & Associates LLCCourt of Appeals for the Second Circuit · 2015
- AMB Fund III New York III & IV, LLC v. WWTL Logistics, Inc.Appellate Terms of the Supreme Court of New York · 2012
- Monique Sykes v. Mel S. Harris & Associates, LLCCourt of Appeals for the Second Circuit · 2015
- Monique Sykes v. Mel S. Harris & Associates, LLCCourt of Appeals for the Second Circuit · 2015