Legal Opinion

Corino v. Mensone

New York Supreme Court

Decided December 27, 1972Published

1Opinion of the CourtMabshall E. Livingston, J.

This is a motion to set aside service of a summons and complaint, pursuant to CPLR 3211 (subd. [a], par. 8).

Service was made upon the defendant’s insurance carrier, the Hartford Insurance Group (Hartford), pursuant to the authority of an order of this court, as provided by subdivision 5 of CPLR 308.

Counsel argues that service upon Hartford was invalid and in violation of due process of law in that such service was not *543reasonably calculated to give the defendant actual notice of the proceedings. The papers upon which the order directing service was granted indicate the defendant was long gone…

2Cases cited3 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Atomic Development & Machine Corp. v. De StefanoAppellate Terms of the Supreme Court of New York · 1967
  3. Brodsky v. SpencerNew York Supreme Court · 1966

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