Bossuk v. Steinberg
New York Court of Appeals
58 N.Y.2d 916, 460 N.Y.S.2d 509, 447 N.E.2d 56 (1983)
- Written by Steven Pacht, JD
Facts
Richard Bossuk (plaintiff) attempted to serve Alfred Steinberg (defendant) with a summons pursuant to Civil Practice Law and Rules (CPLR) §308(2), which permitted service by delivering a summons to someone other than the person to be served if the recipient was of suitable age and discretion. A 14-year-old and 15-year-old (youngsters) inside Steinberg’s home refused to open the door to accept service, so the process server left the summons outside the door of Steinberg’s home and informed the youngsters that he was doing so. Steinberg challenged the propriety of service, arguing that (1) § 308(2) did not authorize service by leaving the summons outside his door (as opposed to delivering the summons directly to a person of suitable age and discretion) and (2) authorizing such service would violate Steinberg’s due-process rights because there was no guarantee that Steinberg would receive notice of the suit.
Rule of Law
Issue
Holding and Reasoning ()
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