De Zego v. Bruhn, M. D., P. C.
Cases that cite this one
28 later published cases cite this decision. The 25 that cite it most often are listed here.
- Van Wert v. Black & Decker, Inc. (Appellate Division of the Supreme Court of New York 1998)
- Necrason v. Avery (Appellate Division of the Supreme Court of New York 1992)
- HSBC Bank USA v. Gifford (Appellate Division of the Supreme Court of New York 2024)
- Miller v. 21st Century Fox Am., Inc. (Appellate Division of the Supreme Court of New York 2020)
- Keeney v. New York City Hous. Auth. (Appellate Division of the Supreme Court of New York 2019)
- Washington Mutual Bank v. Murphy (Appellate Division of the Supreme Court of New York 2015)
- Khodeeva v. Chi Chung Yip (Appellate Division of the Supreme Court of New York 2011)
- Kalamadeen v. Singh (Appellate Terms of the Supreme Court of New York 2008)
- Reed v. Gowanda Nursing Home (Appellate Division of the Supreme Court of New York 2004)
- Doe v. Zeder (New York Supreme Court 2004)
- Nussbaum Resources I LLC v. Gilmartin (Civil Court of the City of New York 2003)
- Mayes v. UVI Holdings, Inc. (Appellate Division of the Supreme Court of New York 2001)
- MLG Capital Assets, L. L. C. v. Judith Eidelkind Trust (Appellate Division of the Supreme Court of New York 2001)
- Holtzer v. Stepper (Appellate Division of the Supreme Court of New York 2000)
- Rox Riv 83 Partners v. Ettinger (Appellate Division of the Supreme Court of New York 2000)
- Negron v. State (Appellate Division of the Supreme Court of New York 1999)
- Negron v. State (Appellate Division of the Supreme Court of New York 1999)
- In re Shaune TT. (Appellate Division of the Supreme Court of New York 1998)
- Wern v. D'Alessandro (Appellate Division of the Supreme Court of New York 1995)
- Charm-Tex, Inc. v. Sears, Roebuck & Co. (Appellate Division of the Supreme Court of New York 1995)
- Frankel v. Schilling (Appellate Division of the Supreme Court of New York 1989)
- Norlee Wholesale Corp. v. 4111 Hempstead Turnpike Corp. (Appellate Division of the Supreme Court of New York 1988)
- Sutherland v. Village of Suffern (Appellate Division of the Supreme Court of New York 1988)
- Beris v. Miller (Appellate Division of the Supreme Court of New York 1987)
- Concerned Citizens Org. v. Redman (Appellate Division of the Supreme Court of New York 1987)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.
We agree with the Appellate Division that plaintiffs failed to meet their burden of proving service outside the State (see, CPLR 313) pursuant to CPLR 308 (1). The affidavits of service are devoid of the requisite factual and descriptive information to show that plaintiffs’ summons and complaint were delivered to defendant personally (see, CPLR 306 [a], [b]). Moreover, even if, as plaintiffs contend, the affidavits were entitled to a general presumption of regularity (see, CPLR 4520), that presumption was overcome by defendant’s sworn testimony which plaintiffs failed to rebut with any additional evidence (see, Richardson, Evidence § 72 [Prince 10th ed]). Regarding other methods of service, plaintiffs’ affidavits do not even purport to establish service upon defendant through a person of suitable age and discretion pursuant to CPLR 308 (2), and, inasmuch as it was conceded at oral argument that a professional corporation is not involved in this case, it is unnecessary to consider whether plaintiffs satisfied the requirements for service upon such a corporation. Accordingly, the complaint was properly dismissed for plaintiffs’ failure to obtain personal jurisdiction over defendant.
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Hancock, Jr., concur; Judge Titone taking no part.
Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.