Heredia v. Transport S.A.S., Inc. and Presenza
United States District Court for the Southern District of New York
101 F. Supp. 2d 158 (2000)
- Written by Catherine Cotovsky, JD
Facts
New York resident Heredia (plaintiff) sued Canadian resident Presenza and Canadian corporation Transport S.A.S., Inc. (Transport) (defendants) for damages resulting from an automobile accident that occurred in Bronx County, New York, involving Heredia and Presenza while Presenza was operating a truck registered to Transport. In compliance with New York law, Heredia delivered a summons and complaint to the New York secretary of state who, in turn, forwarded notice of the summons and complaint to Presenza in Quebec, Canada, via registered mail with return receipt requested. All documents served on Presenza were written only in English, despite the fact that both the official language of Quebec and Presenza’s native language were French. Presenza signed the return receipt, but in the course of litigation, Presenza and Transport asserted that service on Presenza was improper because it failed to comply with the requirements of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Convention) by not being translated from English into French.
Rule of Law
Issue
Holding and Reasoning (Scheindlin, J.)
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