Vista Sales Corp. v. Briggsford Corp.

The issue before the court is the validity of an income execution served by certified mail, return receipt requested. The parties have stipulated as to the facts and accordingly, there is no dispute as to the fact pattern.

In determining petitioner’s motion for judgment pursuant to CPLR 5231 (subd. [a]), this court, in its decision of February 27, 1970, at Special Term, Part I, Judge Harry W. Davis presiding, provided for a hearing on whether the respondent was ever served with a copy of the income execution and for final disposition of the motion. The court holds that the meaning of the…