Department of Housing Preservation & Development v. Koenigsberg

OPINION OF THE COURT

Lewis R. Friedman, J.

These five cases, consolidated solely for the purposes of this decision, present common important questions of law. In each of the cases service of process was questioned; in each, process was re-served. The issues presented are the actions to be taken by a party which re-serves process before any decision is rendered on a claim of improper service. If a second process is permitted, where may it be served? May it be served in the courtroom or its vicinity? May process be served on a witness who is on the stand testifying to the invalidity of the prior…