Legal Opinion
Miller v. Roche
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 1996No. Appeal No. 2PublishedCited by 2 opinions
1Opinion of the Court
Judgment unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint without conducting a hearing on the issue whether the summons was personally served upon defendant. "Ordinarily, a proper affidavit of a process server attesting to personal delivery of a summons to a defendant is sufficient to support a finding of jurisdiction” (Skyline Agency v Ambrose Coppotelli, Inc., 117 AD2d 135, 139; accord, Frankel v Schilling, 149 AD2d 657, 659). Although the affidavit…
2Cases cited7 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
- Bloom v. KernanAppellate Division of the Supreme Court of the State of New York · 1989
- Mrwik v. MrwikAppellate Division of the Supreme Court of the State of New York · 1975
- Mariano v. SteinbergAppellate Division of the Supreme Court of the State of New York · 1982
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3Cited by2 opinions
- Jannace v. Nelson, L.P.Appellate Division of the Supreme Court of the State of New York · 1998
- Country Side Sand & Gravel Inc. v. Town of Pomfret Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2008