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SIGMOIL RES. v. VITTORIO LECCA DUCAGINI DUCA DI GUEVARA SUARDO FABBRI

228 A.D.2d 335 (1996)

644 N.Y.S.2d 503

Sigmoil Resources N.V., Appellant, v. Vittorio Lecca Ducagini Duca Di Guevara Suardo Fabbri, Defendant, and Nano Limited, Respondent Sigmoil Resources N.V., Plaintiff, v. Pan Ocean Oil Corporation (Nigeria), Defendant Sigmoil Resources N.V., Respondent, v. Vittorio Lecca Ducagini Duca Di Guevara Suardo Fabbri, Defendant, and Nano Limited, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 20, 1996

The Judicial Hearing Officer (J.H.O.) properly found that personal jurisdiction is lacking in both of the subject actions. Service of summons by means other than by registered air mail, pursuant to the order to show cause, was admittedly never timely effected in the first action. Because plaintiff has not demonstrated that service under CPLR 308 (1), (2) or (4) was impractical, it was an improvident exercise of discretion to have...

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