Legal Opinion
Gintzler v. Schwarz
New York Supreme Court
Decided October 4, 1985PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
David Saxe, J.
Defendant, Jose Musacchio, has brought this motion to reject the report of the Referee and for leave to renew or to reargue his former motion to dismiss the complaint (pursuant to which the above-mentioned reference was directed).
In defendant’s former motion he first argued that the predicate showing of due diligence had not been met in order to resort to substituted "nail and mail” service of process. (CPLR 308 [4].) He further argued that, in the event due diligence had been shown, then service was nevertheless invalid because the "nailing” of the summons…
2Cases cited5 opinions
- Kaszovitz v. WeiszmanAppellate Division of the Supreme Court of the State of New York · 1985
- Barnes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979
- PacAmOr Bearings, Inc. v. FoleyAppellate Division of the Supreme Court of the State of New York · 1983
- People v. BatistaNew York Court of Appeals · 1980
- Carfora v. PesiriAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by3 opinions
- Sartor v. ToussaintCourt of Appeals for the Second Circuit · 2002
- Doe v. AlsaudDistrict Court, S.D. New York · 2014
- Reliance Audio Visual Corp. v. BronsonCivil Court of the City of New York · 1988