Merigone v. Seaboard Capital Corp.
New York Supreme Court
85 Misc. 2d 965, 381 N.Y.S.2d 749 (1976)
- Written by Steven Pacht, JD
Facts
Bernard Shwidock (defendant) was a New Jersey resident, but Shwidock worked in New York City and was physically present in New York virtually every business day. Frank Merigone (plaintiff) sued Shwidock regarding a promissory note that was substantially connected to New York. Shwidock was personally served with a summons while Shwidock was in New York attending a court hearing related to a prior suit regarding the same promissory note. As a result of that hearing, the court dismissed the action on the ground that Shwidock was not properly served with process in that case. Shwidock again asserted the lack of personal jurisdiction as a defense to the present suit, arguing that it was improper to serve him with the summons while he was voluntarily attending a court hearing.
Rule of Law
Issue
Holding and Reasoning (Harnett, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
