A Hearing Most Lawyers Have Never Heard Of
By Joshua J. Lax
A New York traverse hearing tests whether a plaintiff properly served the defendant, with evidence and cross-examination shaping the outcome.
Article summary
A traverse hearing lets a defendant challenge whether they were properly served with a summons and complaint. Proper service is part of establishing personal jurisdiction, so the plaintiff must prove service complied with the law and the defendant may offer contrary evidence.
Joshua J. Lax describes representing a professional boxer sued over a promoter and manager contract. The plaintiff first claimed service occurred at a former residence outside Cleveland. The client was instead at his training gym, and a witness affidavit placed him there at the relevant time. The service affidavit also failed to describe the person served as New York law required.
At the hearing, the plaintiff offered a revised affidavit. The process server and another witness then gave differing accounts of where and how the papers were delivered, and neither could identify the client in court. Lax used cross-examination to highlight the inconsistencies and the absence of a file that might have supported the service account. The paperwork also referred to a summons and introduction rather than a summons and complaint.
After written closings, the judge granted the traverse and dismissed the case. The article also notes that the contract selected New York Supreme Court in Albany County for disputes. A copy of the court decision is available at this source (opens in a new tab).