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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05546 |
| Area of law | Civil Procedure |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05546 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 721 |
| Related records | Matter 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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