Monthly Archives: October 2022

This was originally published on the SGR Blog.

Was Affidavit of Deceased Process Server Admissible/Dispositive?

First American Investment Company obtained a default judgment against Orlando Fabian in Civil Court in the Bronx. Fabian moved to vacate the judgment on the ground he had not been served with process. The Court ordered a traverse hearing to determine whether or not Fabian had been served.

Before the commencement of testimony, the Court heard two applications by the parties: First American’s application to cancel the traverse hearing in light of the process server’s death, and Fabian’s application to exclude the now-deceased process server’s affidavit of service that was the impetus of the traverse hearing.

This was originally posted on the SGR Blog.

Was Manufacturer Liable For Failure to Warn?

Serpentix Conveyor Corporation manufactured three conveyor machines to be placed in a New York City Department of Environmental Protection (DEP) facility. That facility was undergoing a renovation project which was being performed by WDF, Inc., as the general contractor, and various subcontractors.

The conveyors were delivered and then altered by WDF by adding caster wheels to allow them to be moved. Gennaro Montello, who was employed by the DEP, allegedly was injured while one of the conveyors was being moved, and subsequently died as a result of his injuries. The decedent’s estate and his wife, Donna Montello, who had since died, sued WDF, Serpentix, and others to recover damages. The amended complaint asserted a cause of action against Serpentix for strict products liability. Serpentix moved for summary judgment dismissing that cause of action.