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Labq clinical diagnostics11/7/2023 Mr.Molecular genetics, precision medicine, cancer genetics, antenatal screening, NIPT, endocrine, fertility testing and research, medical teaching Specialities: Chemical PathologyĪssociate Professor Mirette Saad is a Consultant Chemical Pathologist and the National Director of Molecular Genetics at Australian Clinical Labs. That individual summoned a manager who stated she was authorized to accept service but that she would ncit accept such service. Vasquez elaborates that he entered the defendant's offices, was greeted by a, woman and informed her that he had legal papers to serve. Vasquez left the summons with this authorized individual and announced service (see Affidavit of Service ), In a further affidavit dated January 2 0, 2 023 Mr. The affidavit of the process ,server, Felix Vasquez, states that on September 1, 2022, at the defendant's offices a woman presented herself and stated that she was authorized tci accept service but that she refused tci accept such service. To contenci :that service was improper and that defendant is entitled to a hearing ,on the matter, the cfefenciant must allege facts to $Upport the contention (Mortgage Electronic Registration Systems, Inc., v. 52 RECEIVED NYSCEF: (Household Finance Realty Corp., of New York v. 524993/2022 FILED: KINGS COUNTY CLERK 11:15 AM NYSCEF DOC. Pursuant to CPLR §311-a service upon a Company such as the defendant in this case can only be made "to any other person designated by the limited liability company to receive process, in the manner provided by law for service of a summons as if such person was a defendant" (id), Generally a process server's affidavit provides prima facie evidence of proper service 2 2 of 6 INDEX NO. Likewise the failure to abide by any of the necessary requirements for the lawful service of a: stunrrions and complaint will result in the failure to confer jurisdiction (Persaud v. it is for these reasons that simple notice is insufficient to confer jurisdiction over a def end ant (Banke rs Trust Company of Ca 1 if o rnia, N. ![]() Moreover, service of process is also an exercise of the court's power ahd authority over litigants and thus, such service of process infuses the litigation with court sanctioned legitimacy (McDonald v. epshead Bay Bungalow Corporation, 249 NY 122 163 NE ♱24 ).52 RECEIVED NYSCEF: Conclusions of Law It is well settled that the statutory :framework for service of process is to fairly notify the defendant of an impending actior1 arid provide the defendant with the mechanisms necessary to adequately respond (Val z v. 52 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORIper. This opinion is uncorrected and not selected for official publication. ![]() 524993/2022 Judge: Leon Ruchelsman Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. ![]() ![]() LLC v LABQ Clinical Diagnostics, LLC 2023 NY Slip Op 30388(U) FebruSupreme Court, Kings County Docket Number: Index No.
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