Legal Opinion

Rombom v. New York City Transit Authority

Civil Court of the City of New York

Decided August 3, 1998Published

1Opinion of the Court

*1044OPINION OF THE COURT

Martin E. Ritholtz, J.

In a Civil Court action, where plaintiffs service of process is initially made by mail pursuant to CPLR 312-a, and where a duly executed acknowledgment of receipt is not returned by defendant, is the plaintiff entitled to an immediate judgment against defendant for the cost of alternate service, as set forth in CPLR 312-a (f)? Although this is an unopposed motion, and plaintiff merely seeks an immediate judgment in the amount of $20, representing the expense of subsequent service by a process server, together with the costs of this motion,…

2Cases cited3 opinions

  1. Dazco Heating & Air Conditioning Corp. v. C.B.C. Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Nagy v. John Heuss House Drop In Shelter for HomelessAppellate Division of the Supreme Court of the State of New York · 1993
  3. Kimmel v. StateNew York Supreme Court · 1997

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