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STATE OF NEW YORK CITY/DISTRICT/TOWN/VILLAGE COURT (1) COUNTY OF (2) (4) (3) Index/Docket No. Petitioner(s)/Landlord(s) AFFIDAVIT OF SUBSTITUTED OR CONSPICUOUS PLACE SERVICE -against- (5) Respondent(s)/Tenant(s)

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Mr rose good morning your honors Michael rose on behalf of the appellant and I would like to reserve five minutes thank you what we have here the way I see this is a simple matter that the plaintiff below actually knew that the defendant was a Venezuelan citizen and resident Venezuelan but chose to come to the United States in Florida and file a lawsuit against him and tried to avail himself of utilizing a substituted service in order to effectuate service on Mr Tamika however he did not do that are you saying that plaintiff is a non Florida person the plaintiff the defendant is it's fine to be sure I misunderstood what you said the defendant non Florida resident lives in Venezuela the plaintiff has always known him to live in Venezuela but decided that in order to be able to get jurisdiction I'll say that he was doing business here in the state of Florida and I will try to get substituted service except that's what the allegations the well pled allegations of the complaint stayed, and it says he's doing business he buys and sells real estate here and that under this statute he alleges all of that he practically alleges the words of 481 81 which says you know if you accept the benefit and any person whether resident of the state or not who accepts the benefits of doing business or conducting business here subjects themselves to appointment of the Secretary of State into that all of them in that everything that's alleged in this complaint judge if you look at the complaint paragraphs seven actually of the complaint details for the court what it is that the plaintiff had alleged, and it clearly indicates that it was doing business under Section forty-eight point one eight one three and that relates to personal property intangible tangible personal property and that's not related to what the other allegations of the complaint are now they've changed that looking at paragraph 5 says Ta mayo does business in Florida and owns real property in Miami-Dade he was served at his residence at two groves well that's what Mr Too said in affidavits that he filed that he is I am NOT a foreign person for purposes of Taxation and my home address is two groves he says that he swore to that in an affidavit this is your client that says that those that you're talking about two documents that were attached to Mr Rich's affidavit, and we were never able to refute that affidavit or not because we never wound up having an evidentiary hearing on that is there a transcript of the hearing counsel no honor that was not it was just — no there is no record that you even asked for an evidentiary hearing at the time correct there is no record that is great that's so under well if you didn't if you didn't ask we don't know whether you asked for it or not how can we possibly reverse on that basis I think the case was clear with regard to if there's an issue that needs to be resolved on a motion to quash that a limit have a limited evidentiary hearing is required if requested and...

People Also Ask about

What does subservice mean?

Under substituted service, if the process server is unable to serve the defendant, they can leave the summons and complaint with someone at the defendant's house, or work. Anyone who takes the documents for the defendant must be 18 years or older.

What is substitute service New York?

Substituted service is one of the ways to deliver legal papers that start a case. The papers are left with someone else to give to the defendant or respondent and copies are mailed. Substituted service can only be used when personal delivery is tried and the person is not there.

Does an affidavit of service need to be notarized in NY?

The Affidavit must be signed by the server in front of a notary public. After the Affidavit of Service is done, it must be filed with the Court.

What is substitute service California summons?

Substituted service is used after several attempts to personally serve the papers have failed. For substituted service: The server tries to personally serve the papers on the other party a number of times (usually 3 or more) but cannot find the party at home (or work, if that is the address the server has).

What is substitute service in New York State?

Substituted service is one of the ways to deliver legal papers that start a case. The papers are left with someone else to give to the defendant or respondent and copies are mailed. Substituted service can only be used when personal delivery is tried and the person is not there.

What is substituted service in Florida?

(2)(a) Substitute service may be made on the spouse of the person to be served at any place in the county, if the cause of action is not an adversary proceeding between the spouse and the person to be served, if the spouse requests such service, and if the spouse and person to be served are residing together in the

How long do you have to respond to substituted service in California?

If you were served by substituted service, meaning the Summons and Complaint were given to someone else in your household or your place of work, and another copy was mailed to you, you have 40 days from the date of the mailing to file your response.

What does sub service mean?

What is substituted service? Substituted service means that the papers are left with an adult who lives at the home or is in charge where they work (like a manager). Then, your server mails a copy of the papers to your spouse or the other parent's home or work.

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