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MORGENTHAU v. AVION RESOURCES LTD.

11 N.Y.3d 383 (2008)

ROBERT M. MORGENTHAU, as District Attorney of New York County, Appellant, v. AVION RESOURCES LTD. et al., Respondents.

Court of Appeals of the State of New York.

November 20, 2008.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (Michael S. Morgan and Mark Dwyer of counsel), appellant pro se.

Howrey LLP, New York City (James G. McCarney and Grace L. Chan of counsel), Bernard D'Orazio, PC. (Bernard D'Orazio of counsel), Gleason & Koatz, LLP (John P. Gleason of counsel), and Busson & Sikorski (Robert Sikorski and Berenice Busson of counsel), for respondents.

OPINION OF THE COURT

CIPARICK, J.

In this civil forfeiture action, we are asked to determine whether service of process pursuant to CPLR 313 on defendants in a foreign country is sufficient to confer personal jurisdiction or whether one must additionally satisfy the service requirements of that foreign locale. Because compliance with CPLR 313 alone constitutes proper service upon foreign defendants where, as here, no treaties or international agreements...

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