Legal Opinion

Biological Concepts, Inc. v. Rudel

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1990PublishedCited by 7 opinions

1Opinion of the Court

*33OPINION OF THE COURT

Mahoney, P. J.

By notice of motion for summary judgment in lieu of complaint (see, CPLR 3213), plaintiff seeks judgment on a $25,000 promissory note. Defendant alleged, inter alia, that Supreme Court failed to obtain personal jurisdiction by reason of improper service. After a hearing, Supreme Court found that service had properly been effected upon defendant pursuant to CPLR 308 (2). We disagree.

At the hearing regarding how service was effected, Warren Pierce, a professional process server, testified that on June 15, 1988 he entered a large residential apartment building…

2Cases cited5 opinions

  1. Macchia v. RussoNew York Court of Appeals · 1986
  2. F. I. duPont, Glore Forgan & Co. v. ChenNew York Court of Appeals · 1977
  3. Roldan v. ThorpeAppellate Division of the Supreme Court of the State of New York · 1986
  4. Braun v. St. Vincent's Hospital & Medical CenterNew York Court of Appeals · 1982
  5. Cohen v. ShureAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by7 opinions

  1. State of New York Higher Education Services Corp. v. SparozicAppellate Division of the Supreme Court of the State of New York · 2006
  2. New York State Higher Education Services Corp. v. PalmeriAppellate Division of the Supreme Court of the State of New York · 1990
  3. Johnson v. MotylAppellate Division of the Supreme Court of the State of New York · 1994
  4. Colonial National Bank, U.S.A. v. JacobsCivil Court of the City of New York · 2000
  5. Green v. StateNew York Court of Claims · 2007

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