Legal Opinion

Powell v. Marine Midland Bank

District Court, N.D. New York

Decided June 23, 1995No. 95-CV-63PublishedCited by 128 opinions

1Opinion of the Court

MEMORANDUM, DECISION & ORDER

McAVOY, Chief Justice.

I. BACKGROUND

On January 17, 1995, plaintiff, Tonya R. Powell, filed this action against Marine Midland Bank. She then attempted to serve the defendant by mailing a summons and other documents to the law firm of Harter, Secrest & Emery in Rochester, New York. The law firm forwarded the material to Marine Midland in Buffalo, New York. On February 27, 1995, defendant filed a motion for dismissal citing a variety of grounds including failure to effect proper service of process pursuant to Fed.R.Civ.P. 12(b)(4) and (5).

*16On March 9, 1995, plaintiff…

2Cases cited4 opinions

  1. Salahuddin v. CuomoCourt of Appeals for the Second Circuit · 1988
  2. Brown v. CalifanoDistrict Court, District of Columbia · 1977
  3. Prezzi v. BerzakDistrict Court, S.D. New York · 1972
  4. Lonesome v. LebedeffDistrict Court, E.D. New York · 1992

3Cited by128 opinions

  1. Flores v. GraphtexDistrict Court, N.D. New York · 1999
  2. Burroughs v. MitchellDistrict Court, N.D. New York · 2018
  3. Thomas v. City of TroyDistrict Court, N.D. New York · 2018
  4. Rasheen v. AdnerDistrict Court, N.D. New York · 2019
  5. Burroughs v. PetroneDistrict Court, N.D. New York · 2015

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