Summary
The United States District Court for the Southern District of New York orders Plaintiff Daniel Bermudez Lopez to effectuate proper service of the Summons, Complaint, and Order on the defendants. The Court found that the existing affidavits of service did not sufficiently establish that service on Disfruting Two LLC, Enrique Lerma, or Anne O’Hare complied with applicable New York law and required proof of service by December 23, 2025.
Holdings
- The affidavits of service were insufficiently specific to establish that service on Disfruting Two LLC, Enrique Lerma, and Anne O'Hare was proper because they did not adequately identify the documents delivered or demonstrate that the recipients were qualified to accept service.
- Plaintiff was required to personally deliver the Summons, Complaint, and Order to each defendant at the defendant's actual place of business or dwelling, serve Disfruting Two LLC through an authorized person, provide additional facts supporting the claimed business address for Lerma and O'Hare, and file more detailed affidavits of service by December 23, 2025.
Questions Presented
- Whether the affidavits of service sufficiently established that Disfruting Two LLC, Enrique Lerma, and Anne O'Hare were properly served.
- What additional service and proof-of-service requirements should be imposed to resolve uncertainty concerning the propriety of service.
Disposition
other
Cases Cited (5)
- Old Republic Ins. Co. v. Pac. Fin. Servs. of Am., Inc., 301 F.3d 54, 57 (2d Cir. 2002)(followed)
- Raschel v. Rish, 504 N.E.2d 389, 390 (N.Y. 1986)(followed)
- F. I. duPont, Glore Forgan & Co. v. Chen, 364 N.E.2d 1115, 1117 (N.Y. 1977)(followed)
- New York v. Green, 420 F.3d 99, 104 (2d Cir. 2005)(followed)
- Fashion Page, Ltd. v. Zurich Ins. Co., 406 N.E.2d 747, 751 (N.Y. 1980)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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