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Terlizzi v. Brodie

38 A.D.2d 762, 329 N.Y.S.2d 589 (1972)

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Terlizzi v. Brodie

New York Supreme Court
38 A.D.2d 762, 329 N.Y.S.2d 589 (1972)

MP

Facts

The Brodies (plaintiffs), New York residents, were injured in a car accident in New Jersey with the Terlizzis (defendants), New Jersey residents. The Brodies sued the Terlizzis in New York. The Terlizzis were called at home in New Jersey and told that they had been chosen to receive two tickets to a Broadway show in New York as part of a promotion to get their views about a new 7:30 p.m. curtain time. After the performance and while still in the theatre, the Terlizzis were served with a summons by a man who had been seated behind them. The Terlizzis were never given the promotional questionnaire, and no affidavit was provided by the man who effected service. The trial court denied the Terlizzis’s motion to vacate service, and the Terlizzis appealed.

Rule of Law

Issue

Holding and Reasoning (Latham, J.)

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