Legal Opinion
Chase Manhattan Bank v. Carlson
Appellate Division of the Supreme Court of the State of New York
Decided September 3, 1985PublishedCited by 15 opinions
1Opinion of the Court
In an action to recover moneys alleged to be due and owing under a consumer credit agreement, plaintiff appeals from an order of the Supreme Court, Westchester County (Stolarik, J.), entered December 20, 1983, which granted respondent’s motion to vacate a default judgment entered against her.
*735Order affirmed, without costs or disbursements.
The affidavit of service was insufficient, as a matter of law, to satisfy plaintiffs burden of establishing the exercise of due diligence in attempting to effect personal service upon the respondent before resorting to the use of the so-called "nail and mail”…
2Cases cited5 opinions
- Shaw v. ShawAppellate Division of the Supreme Court of the State of New York · 1983
- McMullen v. ArnoneAppellate Division of the Supreme Court of the State of New York · 1981
- Kaszovitz v. WeiszmanAppellate Division of the Supreme Court of the State of New York · 1985
- Mayers v. Cadman Towers, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Reed v. DomenechAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by15 opinions
- Anello v. BarryAppellate Division of the Supreme Court of the State of New York · 1989
- Steele v. Hempstead Pub TaxiAppellate Division of the Supreme Court of the State of New York · 2003
- DeMartino v. RiveraAppellate Division of the Supreme Court of the State of New York · 1989
- Smith v. WilsonAppellate Division of the Supreme Court of the State of New York · 1987
- Citibank, N. A. v. KellerAppellate Division of the Supreme Court of the State of New York · 1987
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