Legal Opinion

Montesdeoca v. Krams

Civil Court of the City of New York

Decided February 3, 2003PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Charles J. Markey, J.

The legal issue posed in this motion to vacate a judgment, submitted without opposition, is whether service can be proper if made upon a private mailbox address.

In the present case, the parties were involved in a motor vehicle accident. The police report listed alternative addresses for the defendant. However, in serving the summons and complaint in this case, the plaintiff’s process server served defendant at the private mailbox he maintained at a commercial store named Express Repair, 2025 Stillwell Avenue, in Kings County, New York.

*621The defendant did…

2Cases cited5 opinions

  1. Rio Properties, Inc. v. Rio International Interlink, Rio Properties, Inc. v. Rio International InterlinkCourt of Appeals for the Ninth Circuit · 2002
  2. Wright v. B & L PROPERTIES, INC.Court of Appeals of Washington · 2002
  3. Hollow v. HollowNew York Supreme Court · 2002
  4. Mandel v. BrodskyAppellate Division of the Supreme Court of the State of New York · 1953
  5. Michaelson v. HudsonAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by1 opinion

  1. TID Services, Inc. v. DassDistrict Court of Appeal of Florida · 2010

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