JD Supra

“Variety is the Spice of Life” — Service of Process under CPLR 308(4)

William Cowper, in his Eighteenth-Century poem “The Task,” coined the phrase “Variety’s the very spice of life.” Today, this phrase is used in ...
JD Supra

Supreme Court of Pennsylvania Finds Objection to Affidavit of Service Requirement for a Perfected Mechanics’ Lien Was Not Waived Even if First Raised 5 Years Later

Mechanic’s lien claims, unlike other actions, are created by statute and, as a result, Pennsylvania courts require strict compliance with the statutory requirements to perfect the lien or risk the ...
Law

Decision of the Day: Affidavit of Service Is Defective, Did Not Show Due Diligence to Verify Actual Residence

Plaintiffs contended that the individual defendant was served pursuant to the affix and mail statute, CPLR 308(4) at "42 West 17 Street #12B /#12C" on Dec. 8, 2022. On March 29, 2023, counsel for ...
Law

CPLR 2106 Amended to Permit Any Person to Submit an Affirmation in Lieu of an Affidavit (Part 2)

This is Part II of a discussion of the blockbuster amendment to CPLR 2106, entitled "Affirmation of truth of statement," which became effective on Jan. 1, 2024. The statute now allows any person to ...