-Validity of CPLR 308(1) service by in-hand delivery to defendant wife at marital home.
-Validity of CPLR 308(2) substituted service on defendant husband by delivery to his wife followed by mailing to defendant husband.
-Validity of CPLR 308(1) service by in-hand delivery to defendant husband at marital home.
-First of three process server witnesses testified regarding skip trace procedure and field sheets.
-First process server testified that she announced her purpose when defendant wife came to the door, whereupon defendant wife denied that she was the defendant named on the Summons and became belligerent. Server placed papers through partially open door just before defendant wife slammed it shut.
– Second process server testified that defendant husband was handed the Summons after denying that he was the defendant named on the Summons but acknowledged having the same name.
-Cross-examination of second process server regarding defendant husband’s physical characteristics contained in Affidavit of Service.
-Third process server testified that he served defendant husband by in-hand delivery after defendant husband denied being the person named on the Summons.
-Defendant husband failed to appear; produced an alibi witness who testified that defendant husband was with him at a pizzeria discussing business at the time defendant husband was allegedly handed the papers by the second process server.
-Defendant wife, estranged from defendant husband, testified that she was at a charity event 45 minutes’ drive away at the time of alleged in-hand delivery of process to her at her home. Defendant wife introduced photographs of herself at the event which she claimed substantiated her testimony.
-Cross-examination of defendant wife on discrepancies between averments in her Affidavit in Support of motion challenging personal jurisdiction and her testimony at the Traverse Hearing.
-First process server (direct examination; cross-examination; redirect examination; recross exam; further direct examination; further cross-examination)
-Second process server (direct examination; cross-examination; redirect examination; recross exam)
-Third process server (direct examination; cross-examination)
-Defendant husband’s alibi witness (direct examination; cross-examination)
-Defendant wife (direct examination; cross-examination; redirect examination)