ESQ HQNEW YORK LAW WATCH

Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05546

Matter of Zhang v Feiner

Read the official decision: 2026 NY Slip Op 05546

Holding The Appellate Division reversed the lower court’s order and remitted the matter for a hearing to determine the validity of service of process on the Town Supervisor. The court found that the initial service failed to comply with CPLR 7804(c) and that the subsequent service was sufficiently disputed by specific facts to warrant a hearing.

The court’s words

Bills of particulars are not disclosure devices

2026 NY Slip Op 05546, at the official text

A court lacks personal jurisdiction over a respondent who is not properly served with process

2026 NY Slip Op 05546, at the official text

The process server failed to indicate that personal service upon Feiner included the petition/complaint

2026 NY Slip Op 05546, at the official text

Feiner's sworn, nonconclusory denial of service was sufficient to dispute the veracity or contents of the January 2025 affirmation of service

2026 NY Slip Op 05546, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 30, 2026
Citation2026 NY Slip Op 05546
Area of lawCivil Procedure
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05546
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id721
Related recordsMatter of Zhang v Feiner, 2026 NY Slip Op 05545

Recommended citation

ESQ HQ, New York Law Watch, Matter of Zhang v Feiner, 2026 NY Slip Op 05546 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05546/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 30, 2026. Updated September 30, 2026.