Legal Opinion
Lemberger v. Khan
Appellate Division of the Supreme Court of the State of New York
Decided May 2, 2005PublishedCited by 18 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Bernstein, J.H.O.), dated July 28, 2004, which, after a hearing, in effect, denied his motion pursuant to CPLR 3211 (a) (8) to dismiss the action for lack of personal jurisdiction.
Ordered that the order is affirmed, with costs.
“Nail and mail” service pursuant to CPLR 308 (4) may be used only where personal service under CPLR 308 (1) and (2) cannot be made with due diligence. “The due diligence requirement of CPLR 308 (4) must be strictly observed, given the reduced…
2Cases cited4 opinions
- Gurevitch v. GoodmanAppellate Division of the Supreme Court of the State of New York · 2000
- Matos v. KnibbsAppellate Division of the Supreme Court of the State of New York · 1992
- Johnson v. WatersAppellate Division of the Supreme Court of the State of New York · 2002
- Rodriguez v. KhamisAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by18 opinions
- Estate of Waterman v. JonesAppellate Division of the Supreme Court of the State of New York · 2007
- Wells Fargo Bank, NA v. BesemerAppellate Division of the Supreme Court of the State of New York · 2015
- McSorley v. SpearAppellate Division of the Supreme Court of the State of New York · 2008
- O'Connell v. PostAppellate Division of the Supreme Court of the State of New York · 2006
- Goetz v. Synthesys Technologies, Inc.Court of Appeals for the Fifth Circuit · 2005
13 more not listed; retrieve them via the Exa API.