Beverly Hills, P.C. v. AIG Insurance

2 Citing cases

  1. Tauz v. Allstate Insurance

    2 Misc. 3d 638 (N.Y. Dist. Ct. 2003)

    This Court has already ruled that service of a summons and complaint upon an insurer outside Nassau County when it has an office in Nassau County for personal delivery of pleadings is ineffective to confer jurisdiction upon the defendant insurer. See Beverly Hills, P.C. v. AIG Insurance Company, 194 Misc.2d 533, 755 N.Y.S.2d 568 (Nassau Ct. Dist. Ct. 2003).

  2. Comprehensive Mental v. Merchants Businessmen's

    196 Misc. 2d 134 (N.Y. Dist. Ct. 2003)

    This apparently answers any objection to personal jurisdiction based upon the manner and place of service of process which might otherwise be raised. Compare, Beverly Hills, P.C. v. AIG Insurance Company, 2003 WL 175160, 2003 N.Y. Slip Op. 23414 (Dist.Ct., Nassau Co.) (Default judgment denied where basis for extraterritorial service could not be established under UDCA §§ 403 and/or 404). CPLR § 3215(f) requires that an application for a judgment by default be supported by "proof of service of the summons and complaint . . . and proof by affidavit made by the party of the facts constituting the claim, the default and the amount due."