Legal Opinion
Chernick v. Rodriguez
New York Supreme Court
Decided February 23, 1956PublishedCited by 16 opinions
1Opinion of the CourtBenjamin Brenner, J.
The named defendant appears specially to set aside the alleged service of summons and complaint. There appears to be no need for a reference because upon the facts admitted by the defendant the service is valid.
Defendant admits (1) that he had identified himself to the process server; (2) that he refused to open the door leading to his apartment, and (3) that after the process server dropped the summons and complaint in the vestibule entrance he secured possession of the papers and forwarded them to his lawyer. Thus, there were in this case the necessary elements of “ delivery ” pursuant to…
2Cases cited6 opinions
- Gumperz v. HofmannAppellate Division of the Supreme Court of the State of New York · 1935
- Gumperz v. HofmannNew York Court of Appeals · 1936
- Levine v. National Transportation Co.New York Supreme Court · 1953
- Schenkman v. SchenkmanNew York Supreme Court · 1954
- Levine v. National Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1953
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McDonald v. Ames Supply Co.New York Court of Appeals · 1968
- Bossuk v. SteinbergNew York Court of Appeals · 1983
- Currier v. BaldridgeCourt of Appeals for the Seventh Circuit · 1990
- Spector v. BermanAppellate Division of the Supreme Court of the State of New York · 1986
- Paul v. WeissNew York Supreme Court · 1965
11 more not listed; retrieve them via the Exa API.