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Georges et al v. United Nations et al

MEMORANDUM OF LAW in Support re: 4 MOTION for affirmation that service has been made, or in the alternative, for service of process

18 Cited authorities

  1. Mullane v. Central Hanover Tr. Co.

    339 U.S. 306 (1950)   Cited 10,422 times   19 Legal Analyses
    Holding that due process requires a hearing "appropriate to the nature of the case"

  2. Fed. Trade Comm'n v. PCCare247 Inc.

    12 Civ. 7189 (PAE) (S.D.N.Y. Mar. 7, 2013)   Cited 79 times   2 Legal Analyses
    Finding "a high likelihood that defendants will receive and respond to emails" when the court had "confirmation that at least one of [several] email accounts was recently in use by specified defendant"

  3. Markoff v. Community Hosp

    61 N.Y.2d 283 (N.Y. 1984)   Cited 135 times
    In Markoff, this Court held that CPLR 205(a) —which applies, by its plain terms, only where an action is "timely commenced," was not triggered in the absence of proper service because, under the then-existing statutory regime, an action was commenced by service, not filing.

  4. Dobkin v. Chapman

    21 N.Y.2d 490 (N.Y. 1968)   Cited 198 times
    Holding that service under those circumstances comports with due process

  5. United States v. Lebanese Canadian Bank SAL

    285 F.R.D. 262 (S.D.N.Y. 2012)   Cited 32 times

    Alexander Joshua Wilson, Jason Harris Cowley, Michael Dennis Lockard, Sharon Cohen Levin, United States Attorney Office, New York, NY, for Plaintiff. Aaron W. Knights, D. Michelle Douglas, Haig V. Kalbian, Mark A. Barondess, Kalbian Hagerty LLP, Washington, DC, Henry Edward Mazurek, Clayman & Rosenberg, LLP, New York, NY, James Thomas Bacon, Sefton Smyth, Warner Franklin Young, III, Allred, Bacon, Halfhill & Young, P.C., Fairfax, VA, Alexander Howard Benson, Alexander H. Benson Fields, PLLC, Southfield

  6. Kelly v. Lewis

    220 A.D.2d 485 (N.Y. App. Div. 1995)   Cited 45 times
    Finding impracticability after plaintiff made three separate, failed attempts to serve defendant at his last known residence

  7. Arthur v. Energy

    19 Misc. 3d 954 (N.Y. Civ. Ct. 2008)   Cited 24 times
    Authorizing alternative service via e-mail

  8. Safadjou v. Mohammadi

    105 A.D.3d 1423 (N.Y. App. Div. 2013)   Cited 17 times

    2013-04-26 Saman SAFADJOU, Plaintiff–Respondent, v. Azine MOHAMMADI, Defendant–Appellant. (Appeal No. 3.) Thomas N. Martin, Rochester, for Defendant–Appellant. Maureen A. Pineau, Rochester, for Plaintiff–Respondent. Thomas N. Martin, Rochester, for Defendant–Appellant. Maureen A. Pineau, Rochester, for Plaintiff–Respondent. PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ. MEMORANDUM: In these consolidated appeals arising from a matrimonial action, defendant contends that Supreme

  9. David v. Identity

    50 A.D.3d 1484 (N.Y. App. Div. 2008)   Cited 15 times

    No. CA 07-00594. April 25, 2008. Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered February 15, 2007. The order, among other things, granted that part of the motion of defendant Total Identity Corporation to compel arbitration. WOODS OVIATT GILMAN LLP, ROCHESTER (WARREN B. ROSENBAUM OF COUNSEL), FOR PLAINTIFF-APPELLANT. SONNEBORN, SPRING O'SULLIVAN, P.C., SYRACUSE (JAMES L. SONNEBORN OF COUNSEL), FOR DEFENDANT-RESPONDENT. Present: Hurlbutt, J.P., Lunn, Fahey

  10. Markoff v. South Nassau Community Hospital

    91 A.D.2d 1064 (N.Y. App. Div. 1983)   Cited 38 times
    Holding that an attorney's conclusory affidavit was insufficient to support a finding of impracticability, but also noting that Section 308 does not require a showing that service under the other provisions of Section 308 could not be made despite due diligence

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  12. Section 308 - Personal service upon a natural person

    N.Y. C.P.L.R. § 308   Cited 5,266 times
    Providing for "nail and mail" service and for service "in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section"

  13. Section 311 - Personal service upon a corporation or governmental subdivision

    N.Y. C.P.L.R. § 311   Cited 1,391 times
    Providing that personal service on a New York corporation can be accomplished by delivering the summons to an "officer, director, managing or general agent, or cashier or assistant cashier" of the corporation

  14. Section 310 - Personal service upon a partnership

    N.Y. CPLR 310   Cited 107 times

    (a) Personal service upon persons conducting a business as a partnership may be made by personally serving the summons upon any one of them. (b) Personal service upon said partnership may also be made within the state by delivering the summons to the managing or general agent of the partnership or the person in charge of the office of the partnership within the state at such office and by either mailing the summons to the partner thereof intended to be served by first class mail to his last known