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ALFRED E. MANN v. ETIRC

600849/09, 32353235A.

78 A.D.3d 137 (2010)

910 N.Y.S.2d 418

ALFRED E. MANN LIVING TRUST, Respondent, v. ETIRC AVIATION S.A.R.L., Defendant, and ROLAND ("ROEL") PIEPER, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 19, 2010.

Attorney(s) appearing for the Case

Carter Ledyard & Milburn LLP, New York City (Jeffrey S. Boxer, Judith A. Lockhart and Theodore Y. McDonough of counsel), for appellant.

McDermott Will & Emery LLP, New York City (B. Ted Howes and Audrey Lu of counsel), for respondent.

FRIEDMAN, MOSKOWITZ, FREEDMAN and ROMÁN, JJ., concur.

OPINION OF THE COURT

SAXE, J.P.

This appeal concerns the defense of improper service of process relied on by defendant guarantor Roland Pieper; specifically, he challenges the validity of service on him by e-mail while he was a resident of the Netherlands. The motion court rejected Pieper's defense because of the guaranty's provision waiving personal service of process and the provision in the related funding agreement, specifically referenced by the guaranty...

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