Legal Opinion

Pallette Stone Corp. v. Ebert

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1994PublishedCited by 4 opinions

1Opinion of the CourtMercure, J.

Appeal from an order of the Supreme Court (Viscardi, J.), entered August 5, 1993 in Saratoga County, which denied defendant’s motion to vacate a default judgment entered against him.

*808Plaintiff commenced this action on November 7, 1989 by personal service of a summons with notice upon defendant. Avowedly taking the position that the service did not confer jurisdiction over him because he had never filed a certificate of doing business under the name of Ebert’s Paving, defendant did not appear in the action. Plaintiff subsequently sought and obtained a default judgment in the amount of…

2Cases cited4 opinions

  1. Whitaker v. McGeeAppellate Division of the Supreme Court of the State of New York · 1983
  2. Gangi v. SchiffgensAppellate Division of the Supreme Court of the State of New York · 1982
  3. La Griglia, Inc. v. Firemen's InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
  4. Louis Fargnoli Food Distributor v. Jennies Bakery, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

3Cited by4 opinions

  1. State of New York Higher Education Services Corp. v. SparozicAppellate Division of the Supreme Court of the State of New York · 2006
  2. Chautauqua County Department of Social Services v. Rita M.S.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Johnson v. McFadden Ford, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Iovine v. CaldwellAppellate Division of the Supreme Court of the State of New York · 1995

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