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National Dev. Co. v. Triad
Holding Corp.
930 F.2d 253 (1991)
Author: Jim
Facts: D, a citizen of Saudi
Arabia, had residences around the world. He owned an
apartment in New York. While he was in New York, his maid
at his apartment was served with summons. FRCP allow
service to individuals other than the D, who are of suitable age
and who are residing at Ds dwelling house or usual place of
abode. D claims that his NY apartment did not meet this
criteria.
Procedure: Court denied Ds
motion.
Issue: Was the service of
process valid?
Holding: Yes
Rationale: D owned the NY
apartment and he maintained and made improvements to the
apartment. Every year, D spent about 34 days at this
apartment. Also, D was present in NY and living in his
apartment when the service took place. Furthermore, in a
previous proceeding, D had listed his NY apartment as his
residence. Therefore, the service of process was valid.
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