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Appellate Division, First Department · October 29, 2026 · 2026 NY Slip Op 06395

Schuster v Deckoff

Read the official decision: 2026 NY Slip Op 06395

Holding The court affirmed the dismissal of the plaintiff’s personal injury action for lack of personal jurisdiction because the plaintiff failed to establish proper substituted service. Additionally, the court denied the plaintiff’s cross-motion for an extension of time to serve the pleadings due to a lack of reasonably diligent efforts.

The court’s words

The competent evidence at the traverse hearing established that neither defendant resided at the Park Avenue address when plaintiff's process server made his lone attempt to serve the pleadings on defendants at that address.

2026 NY Slip Op 06395, at the official text

Plaintiff failed to establish that reasonably diligent efforts were made to effect service of process in either of the two actions

2026 NY Slip Op 06395, at the official text
CourtAppellate Division, First Department
DecidedOctober 29, 2026
Citation2026 NY Slip Op 06395
Area of lawCivil Procedure
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 06395
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1664

Recommended citation

ESQ HQ, New York Law Watch, Schuster v Deckoff, 2026 NY Slip Op 06395 (Appellate Division, First Department, October 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06395/

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 October 29, 2026. Updated October 29, 2026.