Legal Opinion

WU/LH 36 Midland, LLC v. Levinson

New York Supreme Court

Decided September 21, 2009Published

1Opinion of the Court

*1145OPINION OF THE COURT

Daniel R. Palmieri, J.

Defendant’s motion to dismiss pursuant to CPLR 3211 (a) (8), lack of jurisdiction, is granted, to the extent that the court finds that the service of process made on or about July 14, 2009 was defective, however, the action is not dismissed because it is conceded that service was made again after this motion was made and the effectiveness of that subsequent service has not been tested.

This is an action based on a guaranty of a lease executed by defendant to plaintiff with respect to a lease between plaintiff as lessor and Perfecto Distributors as…

2Cases cited10 opinions

  1. Estate of Waterman v. JonesAppellate Division of the Supreme Court of the State of New York · 2007
  2. McSorley v. SpearAppellate Division of the Supreme Court of the State of New York · 2008
  3. Mead v. SinglemanAppellate Division of the Supreme Court of the State of New York · 2005
  4. County of Nassau v. YohannanAppellate Division of the Supreme Court of the State of New York · 2006
  5. Robles v. MirzakhmedovAppellate Division of the Supreme Court of the State of New York · 2006

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