Legal Opinion
Cohen v. Banks
Justice Court of Village of South Nyack
Decided January 21, 1994PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Daniel Markewich, J.
The issues in this small claims action, concerning service, jurisdiction, and default judgment, arise out of the conflict between UJCA 1803 (a), which requires "the sending of notice of * * * claim by ordinary first class mail and certified mail with return receipt requested to the party complained against”, and Uniform Rules for Justice Courts (22 NYCRR) § 214.10 (e), which requires that the notice be sent "to the defendant by certified mail, return receipt requested”, but makes no provision for a first class mailing. The respective sections 1803 (a)…
2Cases cited12 opinions
- Macchia v. RussoNew York Court of Appeals · 1986
- Asman v. AmbachNew York Court of Appeals · 1985
- Dorfman v. LeidnerNew York Court of Appeals · 1990
- Pesner v. FriedAppellate Division of the Supreme Court of the State of New York · 1990
- Cerio v. Charles Plumbing & Heating, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
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3Cited by3 opinions
- Cohen v. BanksJustice Court of Village of South Nyack · 1996
- Hampton v. Annal Management Co.Civil Court of the City of New York · 1994
- Peter v. Massapequa Water DistrictNassau County District Court · 2002