In an April 28, 2011 decision by Justice Emerson, the court denied the defendants’ motion to dismiss the complaint for defective service of process on the grounds that the service was proper under the Hague Convention. The plaintiff personally served the defendants, an Israeli corporation and an Israeli resident, by mailing copies of the summons and complaint by registered mail to them in Israel. The court concluded that the service was in accordance with Article 10(a) of the Hague Convention which states that “provided the State of destination does not object, the present Convention shall not interfere with (a) the freedom to send judicial documents, by postal channels, directly to persons abroad” because the Second Department has interpreted the word “send” to be synonymous with “service” and the plaintiff’s method of service was permissible under Israeli law.
Sbarro, Inc. v Tukdan Holdings, Ltd., Sup Ct, Suffolk County, April 28, 2011, Emerson, J, Index No. 13016-10.