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Civil Procedure Keyed to Glannon
Baidoo v. Blood-Dzraku
Citation:5 N.Y.S.3d 309 (N.Y. Sup. Ct. 2015)
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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Under New York law, a plaintiff in a divorce proceeding who was faced with the prospect of being unable to effect personal service could request permission to use one of the alternative methods to in-hand delivery allowed under the state’s law of civil procedure. One provision of the state civil procedure law provided for an alternative means of service whereby, on a plaintiff’s ex parte application, the plaintiff directs the manner in which service will be made. In this divorce case, Plaintiff wife filed an ex parte application seeking leave to utilize an alternative method — service via private message on Facebook — for service of process upon her husband in a divorce proceeding. Plaintiff contended that she had no other means of contacting her husband; the parties had never resided together, the husband had vacated his last known address, he told Plaintiff that he had no fixed address and no place of employment, and he refused to make himself available to be served with divorce papers.
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