Legal Opinion
Diaz v. Perez
Appellate Division of the Supreme Court of the State of New York
Decided January 9, 2014PublishedCited by 5 opinions
1Opinion of the Court
Personal jurisdiction was never obtained over the individual defendant Federico Perez, as Perez was never personally served with the summons and complaint, as required by CPLR 306-b. Therefore, there was no basis upon which to enter a default judgment against Perez, and there exists no reason to disturb the dismissal of the complaint as against him. Plaintiffs argument that Perez, a dentist, should be estopped from arguing nondiligent efforts to effect service upon him since he failed to amend information regarding his resident address, as required by the professional licensing statute…
2Cases cited4 opinions
- LaValle v. Astoria Construction & Paving Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Utak v. Commerce Bank Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Pack v. SaldanaAppellate Division of the Supreme Court of the State of New York · 1991
- Moreira-Brown v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
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