Legal Question in Medical Malpractice in New York

Re: Traverse Hearings

I love Travers Hearings. This will give you an opportunity to ask the process server if the service comported with the CPLR. Since, I am not your attorney I will not give you questions to ask the process server. But this is what you should do... Buy Siegels Book on NY practice look up the requirements for proper service of process and from the statute you should be able to deduce the proper questions to ask. Good Luck!!!!!!!

Re: Traverse Hearings

You don't specify which sort of service is being contested. If it's a personal service or service on someone of suitable age and discretion have your process server describe the service in as much detail as possible. What questions did he ask? What were the answers? How did he confirm the target lived or worked at the address? Have him describe the person served and the relationship between the person and the target, how often the person sees the target, knowledge of the target's daily whereabouts, etc. If the service contested is a nail and mail, it's a little more suspect. The process server should cite the several attempts made at personal service, i.e. visits to the target's home or workplace on different days of the week, and different times of day. When all proved futile, the process server describes attaching the papers to a door and following up with a mailing. No matter the type of service, the affidavit of service should be filed in the court. Good luck. (Most judges presume the target got the papers, one way or the other, esp. if there's another lawyer involved) M. E. Zuller