(Download) "Jill Simens v. Louis E. Sedrish" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Jill Simens v. Louis E. Sedrish
- Author : Supreme Court of New York
- Release Date : January 29, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
In an action to set aside a conveyance of real property as being a fraud upon creditors, defendant Sedrish appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated June 19, 1980, which denied his motion to vacate service of the summons and complaint made pursuant to CPLR 308 (subd 5). Order reversed, on the law, with $50 costs and disbursements, motion granted, and service of the summons and complaint upon defendant Sedrish is vacated. Expedient service pursuant to CPLR 308 (subd 5) may be effected "in such manner as the court, upon motion without notice, directs, if service is impracticable under [CPLR 308, subds 1, 2, 4]", which provide for personal service, delivery and mailing and affixing and mailing service, respectively. While what constitutes impracticality will vary depending upon the facts of the individual case, a plaintiff seeking to effect expedient service must make some showing that the other prescribed methods of service could not be made (Dobkin v Chapman, 21 N.Y.2d 490; Langdon v Mohr, 67 A.D.2d 648; Arroyo v [82 A.D.2d 915 Page 916]