Legal Opinion
New York State Higher Education Services Corp. v. Srebrenik
Civil Court of the City of New York
Decided November 13, 1990PublishedCited by 4 opinions
1Opinion of the Court
*838OPINION OF THE COURT
Louis B. York, J.
A traverse was held in this action to determine whether plaintiff’s service of the summons and complaint was defective pursuant to CPLR 308 (2). Plaintiff’s affidavit of service indicates that its process server attempted to comply with CPLR 308 (2) by delivering a copy of the summons and complaint to defendant’s alleged place of business and by mailing a copy to defendant’s last known address.
Plaintiff’s records indicate defendant’s last known address and plaintiff’s witness testified as to how this address was obtained. This testimony is credible and the…
2Cases cited8 opinions
- Raschel v. RishNew York Court of Appeals · 1986
- Leab v. StreitDistrict Court, S.D. New York · 1984
- Jacobs v. Zurich InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
- Chalk v. Catholic Medical Center of BrooklynAppellate Division of the Supreme Court of the State of New York · 1977
- Colon v. Beekman Downtown HospitalAppellate Division of the Supreme Court of the State of New York · 1985
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Anon Realty Associates, L.P. v. Simmons Stanley Ltd.New York Supreme Court · 1992
- Kearney v. Neurosurgeons of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Ascencio-Sutphen v. McDonald's Corp.New York Supreme Court · 2007
- Criscitiello v. AlcalaNew York Supreme Court · 2008