CITY OF NY v. CHEM. BANK


122 Misc.2d 104 (1983)

City of New York, Petitioner, v. Chemical Bank et al., Respondents.

Supreme Court, Special Term, New York County.

October 12, 1983


Attorney(s) appearing for the Case

Maria T. Jones, Special Assistant Corporation Counsel, and Allan R. Bloomfield for petitioner. John B. Wynne and Thomas W. Cullen for Chemical Bank, respondent.


MARTIN EVANS, J.

This superficially routine enforcement motion, submitted virtually on default, requires that the court reassess the requirements for "deliver and mail" substituted service under CPLR 308 (subd 2). It poses significant questions of constitutional dimension: Is a codefendant having an apparent conflict of interest a "person of suitable age and discretion"? Does service upon such an individual satisfy generally accepted standards of due...

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