William B. May Co. v. Hyatt

OPINION AND ORDER

OWEN, District Judge

This action was commenced in this, the Southern District of New York. Before me is the motion of defendants David and Lillian Hyatt to dismiss the complaint or, in the alternative, to quash service of process. The complaint alleges that defendants failed to pay a brokerage commission due plaintiff for the sale of defendants’ cooperative apartment. It was served by certified mail on defendants at their home in California. Plaintiff asserts that such service was valid pursuant to a newly enacted provision of Fed.R.Civ.P. 4(c) which permits service by mail in…