Tricked into coming to NY for service?

CPLR § 308 Personal service upon a natural person

(1) by delivering the summons within the state to the person to be served

Dantin v Masi, 2012 NY Slip Op 03399 (2nd Dept., 2012)

Contrary to the defendant's contention, the Supreme Court properly denied, without a hearing, his motion to dismiss the complaint for lack of personal jurisdiction. The plaintiff demonstrated that jurisdiction was acquired over the defendant by personal delivery of a copy of the summons and complaint to him while he was physically present in New York (see CPLR 308[1]). Moreover, accepting as true the defendant's factual allegations regarding the circumstances under which he was served with process, we conclude that he failed to raise any issue regarding whether he was lured, enticed, or induced into entering New York by fraudulent or deceptive conduct on the part of the plaintiff for the purpose of effecting service. Therefore, a hearing on the validity of the service is unwarranted (see Matter of Hammett v Hammett, 74 AD2d 540; United Indus. Corp. v Shreiber, 51 AD2d 688, cert denied 429 US 1023; Gumperz v Hofmann, 245 App Div 622, affd 271 NY 544; cf. DeMartino v Rivera, 148 AD2d 568; Terlizzi v Brodie, 38 AD2d 762).

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s