Legal Opinion
Alderman Co. v. American Sleeping Systems Corp.
Civil Court of the City of New York
Decided September 7, 1983PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Lewis R. Friedman, J.
Defendant’s motion to dismiss under CPLR 3211 (subd [a], par 4) raises a question which has not been satisfactorily answered by the cases — when may a plaintiff, confronted by a valid claim of improper service, cure the defect? That is, is it possible that the cure may occur too soon.
The summons and complaint were, as it turned out, served improperly in October, 1982. A default judgment was entered.
Defendant’s motion to open the default resulted in a hearing, on April 26, as to the validity of service. Decision was reserved. As the defendant’s officer…
2Cases cited5 opinions
- Porter v. . KingsburyNew York Court of Appeals · 1879
- Dashew v. CantorAppellate Division of the Supreme Court of the State of New York · 1981
- Gentilala v. Fay Taxicabs, Inc.New York Court of Appeals · 1926
- Ferrandino v. CartelliAppellate Division of the Supreme Court of the State of New York · 1960
- Mayline Co. v. LiebmanCivil Court of the City of New York · 1983
3Cited by4 opinions
- Kevorkian v. HarringtonNew York Supreme Court · 1993
- City of New York v. Wall Street Racquet Club, Inc.Civil Court of the City of New York · 1987
- Kung v. FarinellaAppellate Division of the Supreme Court of the State of New York · 2000
- Department of Housing Preservation & Development v. KoenigsbergCivil Court of the City of New York · 1986