Legal Opinion

Alfred E. Mann Living Trust v. ETIRC Aviation S.A.R.L.

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

Decided October 19, 2010PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

Saxe, J.P.

This appeal concerns the defense of improper service of process relied on by defendant guarantor Roland Pieper; specifically, he challenges the validity of service on him by e-mail while he was a resident of the Netherlands. The motion court rejected Pieper’s defense because of the guaranty’s provision waiving personal service of process and the provision in the related funding agreement, specifically referenced by the guaranty, authorizing service of notices, demands, requests or other communications by e-mail to Pieper at two specified e-mail addresses. For the…

2Cases cited11 opinions

  1. Rio Properties, Inc. v. Rio International Interlink, Rio Properties, Inc. v. Rio International InterlinkCourt of Appeals for the Ninth Circuit · 2002
  2. Volkswagenwerk Aktiengesellschaft v. SchlunkSupreme Court of the United States · 1988
  3. Gilbert v. BurnstineNew York Court of Appeals · 1931
  4. Fiore v. Oakwood Plaza Shopping Center, Inc.New York Court of Appeals · 1991
  5. Bennell Hanover Associates v. NeilsonAppellate Division of the Supreme Court of the State of New York · 1995

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3Cited by22 opinions

  1. Safadjou v. MohammadiAppellate Division of the Supreme Court of the State of New York · 2013
  2. Professional Offshore Opportunity Fund, Ltd. v. BraiderAppellate Division of the Supreme Court of the State of New York · 2014
  3. (Asia) v. Changzhou Sinotype Tech. Co., California Court of Appeal, 5th District2018
  4. Knopf v. SanfordAppellate Division of the Supreme Court of the State of New York · 2017
  5. McCabe v. GreenNew York Supreme Court · 2013

17 more not listed; retrieve them via the Exa API.

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