· 7/2/1940
Wahrhaftig v. Berberich
Citations
- 259 A.D. 1114
- 21 N.Y.S.2d 364
- 1940 N.Y. App. Div. LEXIS 8170
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that service under those circumstances comports with due process
- declaring that § 308(5) gives courts broad discretion to order means of service “adapted to the facts of the case before it,” even if such means might not result in actual notice to the defendant
- upheld service on an unavailable motorist by attempted mailings and publication but noted that the publication added little of value
- “Undeniably, there are situations in which insistence on actual notice, or even on the high probability of actual notice, would be both unfair to plaintiffs and harmful to the public interest.”
- “Our law has long been comfortable with many situations in which it was evident, as a practical matter, that parties to whom notice was ostensibly addressed would never in fact receive it.”
- process mailed to address given by defendant comports with due process
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.