Legal Opinion
Macchia v. Russo
New York Court of Appeals
Decided July 10, 1986PublishedCited by 113 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Delivery of a summons to defendant’s son outside his house, after which the son goes into the house and gives the summons to his father, is not valid service on defendant pursuant to CPLR 308 (1).
Plaintiff instituted this action for damages arising out of injuries incurred on February 27, 1975 while he was a passenger in defendant’s car. Nearly three years later, on February 15, 1978, a process server — accompanied by plaintiff — went to the home of defendant, Salvatore Russo, to serve him with a summons. Upon arrival, the process server approached John Russo (Salvatore’s…
3Cases cited12 opinions
- Feinstein v. BergnerNew York Court of Appeals · 1979
- McDonald v. Ames Supply Co.New York Court of Appeals · 1968
- Bossuk v. SteinbergNew York Court of Appeals · 1983
- F. I. duPont, Glore Forgan & Co. v. ChenNew York Court of Appeals · 1977
- Green v. Morningside Heights Housing Corp.New York Supreme Court · 1958
7 more not listed; retrieve them via the Exa API.
4Cited by113 opinions
- Raschel v. RishNew York Court of Appeals · 1986
- Gerena v. KorbCourt of Appeals for the Second Circuit · 2010
- Estate of Waterman v. JonesAppellate Division of the Supreme Court of the State of New York · 2007
- Washington Mutual Bank v. MurphyAppellate Division of the Supreme Court of the State of New York · 2015
- Ruffin v. LION CORP. & C.New York Court of Appeals · 2010
108 more not listed; retrieve them via the Exa API.