Citibank, N.A. v Sagastume

Holding The court vacated the foreclosure judgment and dismissed the complaint for lack of personal jurisdiction because the plaintiff failed to demonstrate due diligence in service of process. The process server did not make genuine inquiries about the defendant’s whereabouts before resorting to affix and mail service.

The court’s words

The failure to serve process in an action leaves the court without personal jurisdiction over the defendant, and all subsequent proceedings are thereby rendered null and void

2026 NY Slip Op 05765, at the official text

To satisfy the 'due diligence' requirement, the plaintiff must demonstrate that the process server made genuine inquiries about the defendant's whereabouts and place of employment

2026 NY Slip Op 05765, at the official text

the doctrine of laches cannot be used to defeat an application to vacate a judgment that was issued in the absence of personal jurisdiction

2026 NY Slip Op 05765, at the official text