Legal Opinion
Citibank, N. A. v. Hamilton
Civil Court of the City of New York
Decided April 19, 1982PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Martin B. Klein, J.
The following constitutes the opinion and decision of the court:
These six motions present the issue of proper service of the notice of motion upon a nonappearing pro se defendant. To wit, does the court have jurisdiction to entertain a motion when the notice of motion was mailed and not personally served? Proper service is an essential aspect of procedural due process, but it also serves the practical function of increasing the likelihood that the parties are aware of all relevant aspects of the litigation.
To each of these six cases, the defendant has…
2Cases cited7 opinions
- Valz v. Sheepshead Bay Bungalow Corp.New York Court of Appeals · 1928
- Hutchins v. PriddyDistrict Court, W.D. Missouri · 1952
- Lambert v. LambertNew York Court of Appeals · 1936
- Lape v. LapeAppellate Division of the Supreme Court of the State of New York · 1965
- First National City Bank v. ElskyCivil Court of the City of New York · 1970
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- U.S. Bank N.A. v. CadooAppellate Division of the Supreme Court of the State of New York · 2021