From Casetext: Smarter Legal Research

Rothenberg v. Julien

Appellate Division of the Supreme Court of New York, First Department
Apr 9, 1991
172 A.D.2d 216 (N.Y. App. Div. 1991)

Opinion

April 9, 1991

Appeal from the Supreme Court, New York County (Carmen Ciparick, J.).


The record of the hearing before the Special Referee held on June 16, 1988, reveals that the nail and mail service of process on defendants Alfred Julien and Stuart Schlesinger was insufficient, because the process server did not first comply with the due diligence requirement of CPL 308 (4) (Cooney v. East Nassau Med. Group, 136 A.D.2d 392). With respect to defendant Finz, the process server's single attempt at personal service by delivering a copy of the summons and complaint to another individual present at Mr. Finz's office address was patently inadequate. Plaintiffs' attempt to broaden the "agent" category, applied in certain instances with respect to corporate defendants, to an individual defendant, has previously been rejected by this Court. (See, Cooney v. East Nassau Med. Group, supra.)

With respect to the corporate defendant, the process server did not even attempt to comply with the corporate service provisions of CPLR 308.

Concur — Murphy, P.J., Carro, Kupferman, Asch and Kassal, JJ.


Summaries of

Rothenberg v. Julien

Appellate Division of the Supreme Court of New York, First Department
Apr 9, 1991
172 A.D.2d 216 (N.Y. App. Div. 1991)
Case details for

Rothenberg v. Julien

Case Details

Full title:EMMANUEL ROTHENBERG et al., Appellants, v. ALFRED JULIEN et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 9, 1991

Citations

172 A.D.2d 216 (N.Y. App. Div. 1991)
567 N.Y.S.2d 721