Appellate Term, Second Department · September 18, 2026 · 2026 NY Slip Op 51590[U]
Discover Bank v Lewis
Read the official decision: 2026 NY Slip Op 51590[U]
Holding The court reversed the lower court’s order and granted the defendant’s motion to dismiss the complaint for lack of personal jurisdiction. The defendant successfully rebutted the presumption of service by proving he did not reside at the address where process was served.
The court’s words
defendant submitted unrebutted documentary proof that, in 2016, he moved from the Queens address where service was purportedly effectuated
2026 NY Slip Op 51590[U], at the official text
Consequently, defendant was not served at his dwelling place or usual place of abode
2026 NY Slip Op 51590[U], at the official text
As defendant demonstrated that jurisdiction was never obtained over him, the Civil Court should have granted the branch of his motion
2026 NY Slip Op 51590[U], at the official text
| Court | Appellate Term, Second Department |
|---|---|
| Decided | September 18, 2026 |
| Citation | 2026 NY Slip Op 51590[U] |
| Area of law | Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51590[U] |
| 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 | 922 |
Recommended citation
ESQ HQ, New York Law Watch, Discover Bank v Lewis, 2026 NY Slip Op 51590[U] (Appellate Term, Second Department, September 18, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51590-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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