Sandella v Hill, 2018 NY Slip Op 08051 (2d Dept. 2018)
“According to the defendant, as he was waiting for his case to be called, an unknown person came into the courtroom, called out his name, and dropped some papers on the floor. The defendant indicated that he did not pick the papers up because his attorney told him that he could not be served in court. The Supreme Court, without a hearing, denied the defendant’s motion to vacate the default judgment.”
“If a defendant resists service of process, service may be effected pursuant to CPLR 308(1) by leaving a copy of the summons in the defendant’s general vicinity, provided that the defendant is made aware that this is being done”
(This case rested upon the notion that a non-domiciliary could not be served due a special appearance in New York. The Court held that even if this was true, defendant could have been served outside of New York on a Touza theory pCPLR 302; 313])
