New York and Italian Law Blog

Friday, February 17, 2012

Service of Process by Mail under the Hague Convention Found Permissible.

In the recently decided 3rd department case (New York State Thruway Authority v. Frenech, 512512, 3rd Dept. 2012) service of process by mail under the Hague convention  was  found permissible.  Consequently, the 1st department is now the only department whose interpretation of the Hague Convention renders the service of documents by mail impermissible.

In light of the fact obtaining jurisdiction over a defendant in a foreign jurisdiction can be quite challenging in some  signatory nations, this departure from the previous standard  which disallowed service by mail will substantially improve the plaintiff’s ability to obtain jurisdiction  over a foreign defendant.(See Hague Service of Process over an Italian company or person)

The following case is posted for informative purposes only.  The posting of this case does not in any way reflect Marzano Lawyers PLLC’s legal opinion or view on the underlying matter. Furthermore, this law firm, nor any attorney or lawyer affiliated with this law firm, did not represent any of the  parties in the action.

The text of the decision  can be found here:  New York State Thruway Authority v. Frenech



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