Legal Opinion
American Cablevision of Queens v. McGinn
District Court, E.D. New York
Decided March 23, 1993No. CV-91-4535(JMA)PublishedCited by 14 opinions
1Opinion of the Court
MEMO AND ORDER
AZRACK, United States Magistrate Judge:
This lawsuit was assigned to the Honorable Denis R. Hurley, United States District Judge. By Stipulation dated September 22, 1992, the parties gave their consent to have this case presided over by me for all purposes, pursuant to 28 U.S.C. § 636(c). I conducted a non-jury trial on March 9, 1993.
Immediately preceding trial, Mr. McGinn claimed that he was never properly served in this action. The Federal Rules of Civil Procedure are clear that a motion to dismiss for insufficiency of service of process pursuant to Rule 12(b)(5) is a waivable…
2Cases cited1 opinion
- Datskow v. TeledyneCourt of Appeals for the Second Circuit · 1990
3Cited by14 opinions
- Cablevision Systems New York City Corp. v. LokshinDistrict Court, E.D. New York · 1997
- Time Warner Cable of New York City v. Taco Rapido RestaurantDistrict Court, E.D. New York · 1997
- Continental Cablevision, Inc. v. PollCourt of Appeals for the Ninth Circuit · 1997
- Don King Productions/Kingvision v. LovatoDistrict Court, N.D. California · 1995
- Time Warner Cable of New York City v. BarnesDistrict Court, S.D. New York · 1998
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