Legal Opinion
Cadin Contracting Inc. v. Kenneth L. Rich Agency
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 1990PublishedCited by 5 opinions
1Opinion of the Court
The sworn denial by the defendant Kenneth L. Rich that he had been personally served with process under CPLR 308 (1) sufficiently controverted the process server’s affidavit so as to require a hearing on the issue of jurisdiction (see, Frankel v Schilling, 149 AD2d 657; Skyline Agency v Ambrose Coppotelli, Inc., 117 AD2d 135, 139; Cranesville Block Co. v Carpenter, 88 AD2d 1015). If service was not properly made, the court would accordingly lack jurisdiction over the appellant and the de*443fault judgment would be a nullity as against him (see, Citibank v Keller, 133 AD2d 63, 64; Chase Manhattan…
2Cases cited5 opinions
- Skyline Agency, Inc. v. Ambrose Coppotelli, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Frankel v. SchillingAppellate Division of the Supreme Court of the State of New York · 1989
- Chase Manhattan Bank v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1985
- Citibank, N. A. v. KellerAppellate Division of the Supreme Court of the State of New York · 1987
- Cranesville Block Co. v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by5 opinions
- Taylor v. JonesAppellate Division of the Supreme Court of the State of New York · 1991
- Kanner v. GerberAppellate Division of the Supreme Court of the State of New York · 1993
- Bukoff v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
- Delgado v. VelecelaAppellate Division of the Supreme Court of the State of New York · 2008
- Harvey v. ZampieriAppellate Division of the Supreme Court of the State of New York · 1991