Kalker v. Binder

The plaintiff filed this action on April 16, 2008, alleging that the defendant sold her Steinway grand piano on consignment, but failed to pay her in full pursuant to their agreement. As the defendant was a resident of the State of New York, the plaintiff, through counsel, attempted to serve the complaint on the defendant pursuant to G.L.c. 223A, §6 (a) (3) by mailing it to him via certified mail, return receipt requested.

The May 16, 2008 entry on the trial court docket for this case states, incorrectly, that a return of service on the complaint and summons, as well as a delivered and signed…