LEGAL EDUCATION
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New York Case-Winning Strategies educates the New York civil litigation lawyer – as
well as the New York Bar Examination candidate -- on the rules governing service of
process and a wide range of important legal concepts in civil procedure. This website
is also a useful resource for the foreclosure lawyer seeking to avoid the pitfalls
commonly encountered in foreclosure service of process. Our video series provides an
in-depth analysis of the New York rules of civil procedure, highlighting proven,
effective methods of understanding and properly applying complex provisions of the
New York Civil Practice Law and Rules. Well-known examples include CPLR 308,
CPLR 3211(a), and a wide range of others about which our video series will educate
you.
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Order Your Traverse Hearing Transcript from our Collection of 22 Transcripts
Get a transcript online from over 2,300 pages of testimony, legal argument, and colloquy on personal jurisdiction, service of process, and other essential New York rules of civil procedure.
TRANSCRIPT #1
Issues: Validity of CPLR 308(2) substituted service * CPLR 308(4) affix-and-mail service * Whether affix-and-mail service impracticable * Whether process server exercised due diligence prior to resorting to CPLR 308(5) court-ordered service by publication * Cross-examination of process server re failure to ascertain defendant’s place of employment prior to resorting to affix-and-mail service
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TRANSCRIPT #4
Issues: CPLR 308(2) substituted service * Process server’s testimony re: log book, GP Sand Independent Server Record of Service as business records required by NYC Dept. of Consumer Affairs for process servers * Defendant out of the jurisdiction at time of alleged Service * Admissibility of defendant’s affidavit attesting to his absence from the jurisdiction at time of alleged service * Court’s observations re demeanor and veracity of process server, defendant, as witnesses
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TRANSCRIPT #5
Issues: CPLR 308(2) substituted service * NY General Business Law section 89-ee provision that “it shall be unlawful” for process server to fail to comply with all legal requirements for service of process * 22 NYCRR Section 208.29 provision requiring process server to bring license to Traverse Hearing * Process server cross-examined on failure to produce license at Hearing * Defendant’s motion to strike process server’s testimony for failure to comply with G.B.L. Section 89-ee and 22 NYCRR Section 208.29
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TRANSCRIPT #6
Issues: CPLR 308(4) affix-and-mail service * Defendants unrepresented at Traverse Hearing * Process server’s failure to ascertain and attempt service at defendants’ place of business prior to resorting to affix-and-mail service * Process server’s Feld Sheet silent as to follow-up mailing * Unrepresented defendant cross-examines process serverre failure to attempt to as certain defendants’ place of employment
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TRANSCRIPT #8
Issues: Process server barred by doorman from entering building to personally serve defendant or to affix papers to defendant’s door * Process server drops papers in partially open doorway * Defendant elects not to testify or call any witnesses; argues that plaintiff failed to make out a prima facie case of valid CPLR 308(2) substituted service
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TRANSCRIPT #9
Issues: CPLR 308(4) affix-and-mail service * Process server deceased * Foundation testimony for admission of Affidavit of Service into evidence (CPLR 4531) * Whether deceased process server’s Affidavit of Service demonstrated due diligence in attempting service pursuant to CPLR 308(1) and CPLR 308(2) prior to resorting to affix-and-mail service * Expert witness for defendant testifies as to standard in process serving community constituting due diligence sufficient to comply with CPLR 308(4)
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TRANSCRIPT #12
Issues: CPLR 308(2) deliver-and-mail service * CPLR 308(4) affix-and-mail service * Service at apartment building with doorman * Process server unavailable to testify * Admissibility of process server’s affidavits of service under business records exception to hearsay rule * Original affidavits of service not produced at Traverse Hearing * Due diligence efforts undertaken by plaintiff’s counsel to locate unavailable process server
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TRANSCRIPT #22
Issues: CPLR 308(1) service by in-hand delivery * CPLR 308(2) substituted service Process server testifies regarding skip trace procedure and field sheets * Cross- examination of process server regarding defendant’s physical characteristics contained in Affidavit of Service * Defendant failed to appear; produced alibi witness who testified that defendant was with him elsewhere discussing business at the time defendant was allegedly handed papers by process server
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