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April 14, 2014

Pardalis & Nohavicka CPLR Update: Successful ServeNY Traverse

Pete Antiaris (see photo -- with shield), of ServeNY, testified during a trial to defend his company's service of papers on a business. He won at trial; the losing party appealed. ServeNY wins again. The appeals court stated as follows: "in light of the detailed testimony of the process server (Pete) regarding the specifics of the service, his substantially accurate description of Terry in the affidavit of service and his in-court identification of Terry as the individual served, this Court will accept the finding that service was effected on Terry in his individual capacity." An important aspect of the decision is that the appellate court determined that because Terry was a manager who was in their locked premises at the time of service, and agreed to accept the papers, service was effected on Dugout, even though Terry was not a person identified in CPLR 311.

The full decision can be found at the following link: http://www.courts.state.ny.us/reporter/3dseries/2014/2014_02526.htm

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