JD Supra

Supreme Court of Pennsylvania Finds Objection to Affidavit of Service Requirement for a Perfected Mechanics’ Lien Was Not Waived Even if First Raised 5 Years Later

Mechanic’s lien claims, unlike other actions, are created by statute and, as a result, Pennsylvania courts require strict compliance with the statutory requirements to perfect the lien or risk the ...
JD Supra

Perfecting Service of a Mechanic’s Lien Claim in Pennsylvania

Generally speaking, when a party files a Mechanic’s Lien Claim (“Lien Claim”) in Pennsylvania, the Lien Claim needs to be served on the Respondent by the sheriff of the county where the property owner ...
Law

Decision of the Day: Affidavit of Service Is Defective, Did Not Show Due Diligence to Verify Actual Residence

Plaintiffs contended that the individual defendant was served pursuant to the affix and mail statute, CPLR 308(4) at "42 West 17 Street #12B /#12C" on Dec. 8, 2022. On March 29, 2023, counsel for ...
Law

CPLR 2106 Amended to Permit Any Person to Submit an Affirmation in Lieu of an Affidavit (Part 2)

This is Part II of a discussion of the blockbuster amendment to CPLR 2106, entitled "Affirmation of truth of statement," which became effective on Jan. 1, 2024. The statute now allows any person to ...