Vasquez v. Sund Emba AB
New York Supreme Court, Appellate Division
548 N.Y.S.2d 728 (1989)
- Written by David Bloom, JD
Facts
Edwin Vasquez (plaintiff) was allegedly injured by a box-folding machine manufactured by Sund Emba AB (Sund) (defendant), a multinational corporation based in Sweden. Vasquez filed suit against Sund and served it with a summons and complaint that was written in English only. In accordance with the service methods prescribed by the Hague Service Convention, the summons and complaint were served by a Swedish notary public upon Sund’s managing director at its facility in Sweden. Sund moved to dismiss the case, arguing that service was improper. According to Sund, when Sweden signed the Hague Service Convention, Sweden allegedly objected to personal service of foreign documents within that country except by a central authority, specifically the Swedish Ministry of Foreign Affairs, designated by Sweden for receiving and serving such documents. Sund also contested service because the summons and complaint did not come with a Swedish translation. The court denied the motion, finding that service was proper. Sund appealed.
Rule of Law
Issue
Holding and Reasoning (Rosenblatt, J.)
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