Legal Opinion
Fulton Savings Bank v. Rebeor
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1991PublishedCited by 3 opinions
1Opinion of the Court
— Order unanimously reversed on the law with costs and motion granted. Memorandum: Plaintiff purportedly commenced this action for a judgment of foreclosure by substituted service upon defendant pursuant to CPLR 308 (4). The record reveals that defendant leased his residence to tenants two months prior to any attempt to serve him there and that he was not residing there on the date the process server attempted substituted service pursuant to CPLR 308 (4). Plaintiff, therefore, failed to satisfy the requirement that the summons be affixed to the door of defendant’s actual dwelling place (CPLR…
2Cases cited7 opinions
- Feinstein v. BergnerNew York Court of Appeals · 1979
- Community State Bank v. HaakonsonAppellate Division of the Supreme Court of the State of New York · 1983
- Smith v. WilsonAppellate Division of the Supreme Court of the State of New York · 1987
- Moss v. CorwinAppellate Division of the Supreme Court of the State of New York · 1989
- Bleier v. HeschelAppellate Division of the Supreme Court of the State of New York · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- European American Bank & Trust Co. v. SerotaAppellate Division of the Supreme Court of the State of New York · 1997
- Lowinger v. State University of New York Health Science CenterAppellate Division of the Supreme Court of the State of New York · 1992
- Goetz v. SYNTHESYS TECHNOLOGIES, INC.District Court, W.D. Texas · 2004