Practice point: Notice of motion to compel the turnover of personal property is served in the same way as a summons, or by registered or certified mail, return receipt requested, pursuant to CPLR 5225(a).
Practitioners should note that improper notice deprives the court of jurisdiction to hear the motion.
Case: Buckeye Retirement Co., LLC, Ltd. v. Quattrocchi, NY Slip Op 08576 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Torts.
