MINEOLA – In a case involving an issue unsettled by the Court of Appeals, a district court judge has determined that an attorney is not liable for the wrongs of a process server committed against a potential defendant or a third party.
Nassau District Court Judge Kenneth L. Gartner found that the Syosset law firm of Upton, Cohen & Slamowitz and its principles were not liable for alleged “sewer service.” A server allegedly left a “nail and mail” notice of a lawsuit involving the restraint of a bank account owned jointly by a husband and wife at a residence where the couple no longer lived.
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