Legal Opinion

Oparaji v. Weston

Appellate Division of the Supreme Court of the State of New York

Decided April 17, 2000Published

1Opinion of the Court

—In an action, inter alia, to recover damages for defamation, the defendant appeals from an order of the Supreme Court, Queens County (Posner, J.), dated March 15, 1999, which denied his motion to vacate a judgment of the same court dated October 22, 1998, entered upon his default in answering the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the defendant’s contention, the failure of a properly-served summons to indicate the time within which to answer the complaint is not a jurisdictional defect warranting the vacatur of a judgment entered pursuant to CPLR 5015 (a)…

2Cases cited3 opinions

  1. Campbell v. Dutton Storage Distribution Co.Appellate Division of the Supreme Court of the State of New York · 1997
  2. Elder v. MorseAppellate Division of the Supreme Court of the State of New York · 1925
  3. Ronan v. J.J.D. Food Services Inc.Appellate Division of the Supreme Court of the State of New York · 1986

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