Legal Opinion

Kennis v. Meleco

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

Decided November 26, 2013Published

1Opinion of the Court

— Order, Supreme Court, New York County (Richard F. Braun, J.), entered January 23, 2012, which granted defendant’s motion to dismiss the complaint for lack of personal jurisdiction, and denied plaintiffs request for an extension of time to serve defendant pursuant to CPLR 306-b, unanimously affirmed, without costs.

The record shows that the process server attempted to effectuate service at defendant’s address pursuant to CPLR 308 (1) and (2) (see Farias v Simon, 73 AD3d 569 [1st Dept 2010]). Under the circumstances presented, plaintiffs conduct did not satisfy the due diligence requirement of…

2Cases cited2 opinions

  1. Hochhauser v. BungerothAppellate Division of the Supreme Court of the State of New York · 1992
  2. Farias v. SimonAppellate Division of the Supreme Court of the State of New York · 2010

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