Practice point: Defendants’ attorney served on plaintiff’s attorney a notice of appearance in response to a courtesy copy of the summons, but, since defendants themselves had not yet been served, the notice of appearance was a nullity.
Practitioners should note that unless a defendant designates its attorney as its agent for service, pursuant to CPLR 318, defendant’s attorney may not accept service on defendant’s behalf.
Case: Spivak v. Zilberman, NY Slip Op 01400 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Personal jurisdiction.
