## Facts

- Edwin Vasquez alleged he was injured at work in Farmingdale, New York, when his hand was caught in a corrugated box-folding machine.
- Vasquez sued Sund Emba AB, a Swedish company alleged to have manufactured the machine.
- Vasquez served the summons and complaint in Sweden by having a Swedish notary public personally deliver English-only papers to Sund’s managing director at Sund’s facility in Örebro, Sweden.
- Sund moved to dismiss in New York Supreme Court, Suffolk County, arguing lack of personal jurisdiction because service abroad was invalid under the Hague Service Convention, including an asserted need for Swedish translation.
- The trial court denied the motion, concluding personal service was permissible under Hague Service Convention article 10(c).
- Sund appealed.

## Issues

1. Whether personal service in Sweden by a Swedish notary public on a Swedish corporation’s managing director is permitted by the Hague Service Convention, given Sweden’s declarations under article 10.
2. Whether service of English-only process in Sweden is invalid under the Hague Service Convention or due process when the Central Authority procedure is not used.

## Decision

- The Appellate Division, Second Department, affirmed the order denying Sund’s motion to dismiss.
- The court held service was valid under the Hague Service Convention and sufficient to support personal jurisdiction.
- The court held the absence of a Swedish translation did not invalidate service under the Convention in these circumstances and did not violate due process.

## Legal Principles

- The Hague Service Convention governs the validity of service abroad when service is required in the destination state and displaces inconsistent local methods.
- Under Hague Service Convention article 10(c), personal service may be used in the destination state unless that state has made a valid objection barring the method.
- A destination state’s declaration that its authorities are not required to assist with a method of service is not necessarily an objection that prohibits private use of the method.
- The Convention’s translation requirement is associated with use of the Central Authority channel; when service proceeds through article 10 methods rather than the Central Authority, translation is not automatically required by the treaty.
- Due process in service focuses on whether the method employed is reasonably calculated to give notice; a defendant’s demonstrated ability to handle the language of the served documents may bear on whether notice is adequate.

## Conclusion

The court upheld New York jurisdiction because personal service in Sweden by a Swedish notary public was permitted under Hague Service Convention article 10(c) and was not barred by Sweden’s declarations, and because serving English-only papers without using the Central Authority did not violate the Convention or due process on the facts presented.


Vasquez v. Sund Emba AB, 152 A.D.2d 389, 548 N.Y.S.2d 728 (N.Y. App. Div. 2d Dep’t 1989)