Monday, June 30, 2014

Service as jurisdictional.

Practice point:  The plaintiff bears the burden of proving that jurisdiction over the defendant was obtained Here, the plaintiff failed to submit an affidavit of a process server attesting to service of the motion at issue on the defendant pursuant to CPLR 311, as required by the order to show cause. The Appellate Division found that the Supreme Court correctly determined that the plaintiff failed to serve the defendant in the manner directed by the court, and so the plaintiff's motion was properly denied on that ground alone.

Student note:  The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with.

Case: Codrington v. Citimortgage, Inc., NY Slip Op 04460 (2d Dept. 2014)

Here is the decision.

Tomorrow's issue: Lack of subject matter jurisdiction on a Human Rights Law claim.