Legal Opinion
Central Savannah River Area Resource Development Agency, Inc. v. White Eagle International, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1985PublishedCited by 15 opinions
1Opinion of the Court
Despite the provisions of CPLR 5511, an appeal lies from the default judgment dated December 13, 1983, but review is limited to matters which were the subject of contest before Special Term (Katz v Katz, 68 AD2d 536; James v Powell, 19 NY2d 249).
We find that plaintiff’s process server acted reasonably, and with due diligence, under all the circumstances present here, and that the manner of service, objectively viewed, was calculated to, and did, give the corporate defendant fair notice of the commencement of this action (Fashion Page v Zurich Ins. Co., 50 NY2d 265; CPLR 311 [1]; see also,…
2Cases cited5 opinions
- Katz v. KatzAppellate Division of the Supreme Court of the State of New York · 1979
- James v. PowellNew York Court of Appeals · 1967
- Fashion Page, Ltd. v. Zurich InsuranceNew York Court of Appeals · 1980
- Weber v. Victory Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1983
- Belofatto v. Marsen Realty Corp.Civil Court of the City of New York · 1970
3Cited by15 opinions
- Codoner v. Bobby's Bus Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Klishwick v. PopovickiAppellate Division of the Supreme Court of the State of New York · 1992
- Capoccia v. BrognanoAppellate Division of the Supreme Court of the State of New York · 1987
- Photo Medic Equipment, Inc. v. Suffolk County Department of Health ServicesAppellate Division of the Supreme Court of the State of New York · 1986
- Seda v. Armory Estates, Ltd.Appellate Division of the Supreme Court of the State of New York · 1988
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