Wessell v. Porter

OPINION OF THE COURT

Barbara M. Sims, J.

The defendant Anita L. Nevison is the petitioner upon this motion brought in a Special Term of the Buffalo City Court to set aside a judgment entered in the Small Claims Court thereof.

Defendant Nevison urges that the judgment against her entered in the Small Claims Court is void for lack of jurisdiction of the person of the defendant (CPLR 3211, subd [a], par 8) and because the judgment as obtained through fraud and misrepresentation in procuring the judgment in addition to lack of jurisdiction of the Small Claims Court to render the judgment. (CPLR…