Legal Opinion
Miller v. Alda Corp.
Civil Court of the City of New York
Decided March 20, 1967PublishedCited by 2 opinions
1Opinion of the CourtEdward J. Greenfield, J.
CPLR 308 (subd. 1) requires personal service to be made by delivery of the summons to the person to be served. Plaintiff contends that when the summons and complaint for the defendant Hasso were left at his office with Mr. and Mrs. Savidge, his business associates, and they ultimately (several days later) turned them over to Hasso, the requirement of personal delivery was satisfied.
Mr. Savidge was himself named as a defendant, and of course, CPLR 2103 (subd. [a]) permits service of papers only by a “ person not a party ”. Would transmission of the papers by Mrs. Savidge, who was not a party,…
2Cases cited7 opinions
- Green v. Morningside Heights Housing Corp.New York Supreme Court · 1958
- Levine v. National Transportation Co.New York Supreme Court · 1953
- Chernick v. RodriguezNew York Supreme Court · 1956
- Levine v. National Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1953
- Paul v. WeissNew York Supreme Court · 1965
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pitagno v. StaiberNew York Supreme Court · 1967
- Gardner v. GardnerNew York City Family Court · 1975