Legal Opinion
Spearman v. Atreet Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1997PublishedCited by 7 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (William Davis, J.), entered April 25, 1996, which inter alia, granted defendant-respondent’s motion to vacate a default judgment, unanimously affirmed, without costs.
The motion court erred in holding that it lacked jurisdiction over defendant, such having been obtained by the service that was made on the Secretary of State irrespective of whether the process subsequently reached defendant (Associated Imports v Amiel Publ., 168 AD2d 354, lv dismissed 77 NY2d 873). Nevertheless, we affirm because defendant’s nonreceipt of process, possibly by reason of…
2Cases cited2 opinions
- Micarelli v. Regal Apparel Ltd.Appellate Division of the Supreme Court of the State of New York · 1976
- Associated Imports, Inc. v. Leon Amiel Publisher, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
3Cited by7 opinions
- Green Point Savings Bank v. 794 Utica Avenue Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Nicolosi v. Sleuth Security Systems, Ltd.Appellate Division of the Supreme Court of the State of New York · 1998
- Pryor v. WitterAppellate Division of the Supreme Court of the State of New York · 2012
- W.H. Linen Supply Co. v. Landing Steak House, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Montoya v. Richmond County Ambulance Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
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