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Appellate Term, Second Department · June 17, 2026 · 2026 NY Slip Op 51304[U]

Di Marco v New York City Off. of Comptroller

Read the official decision: 2026 NY Slip Op 51304[U]

Holding The court affirmed the order vacating a default judgment because the plaintiff failed to demonstrate proper service of process on the corporate defendant. Personal service on a corporation must be made to a person authorized by statute, and substitute service is insufficient to acquire jurisdiction.

The court’s words

Personal service on a corporation must be made to one of the persons authorized by the statute to accept service

2026 NY Slip Op 51304[U], at the official text

Plaintiff neither alleged nor provided any documentation to demonstrate proper service upon any of the persons authorized by statute

2026 NY Slip Op 51304[U], at the official text
CourtAppellate Term, Second Department
DecidedJune 17, 2026
Citation2026 NY Slip Op 51304[U]
Area of lawCivil Procedure
WeekWeek ending June 20, 2026
Official textOfficial decision: 2026 NY Slip Op 51304[U]
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id290

Recommended citation

ESQ HQ, New York Law Watch, Di Marco v New York City Off. of Comptroller, 2026 NY Slip Op 51304[U] (Appellate Term, Second Department, June 17, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51304-u/

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 June 17, 2026. Updated June 17, 2026.