Legal Opinion

Howard Johnson International, Inc. v. Wang

District Court, S.D. New York

Decided May 20, 1998No. 96 Civ. 6455(DC)PublishedCited by 22 opinions

1Opinion of the Court

MEMORANDUM DECISION

CHIN, District Judge.

Defendant George Wang moves to vacate a default judgment entered against him on November 27, 1996 for failure to answer or move within the time permitted. Wang argues that he was not properly served pursuant to Fed.R.Civ.P. 4(e). Accordingly, he insists that the judgment is void and must be set aside. See Fed.R.Civ.P. 60(b)(4). In addition, he seeks dismissal of the complaint on the ground that proper proof of service was not filed with the Clerk of the Court within 120 days of the filing of this action.

For the reasons that follow, I hold that Wang was…

2Cases cited7 opinions

  1. Enron Oil Corp. v. DiakuharaCourt of Appeals for the Second Circuit · 1993
  2. Joan Cody v. Keith Mello and Thomas MurrayCourt of Appeals for the Second Circuit · 1995
  3. Ames Nowell v. Iris Calder NowellCourt of Appeals for the Fifth Circuit · 1967
  4. 131 Main Street Associates v. MankoDistrict Court, S.D. New York · 1995
  5. Karlin v. AvisDistrict Court, E.D. New York · 1971

2 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. American Institute of Certified Public Accountants v. Affinity Card, Inc.District Court, S.D. New York · 1998
  2. RCC Ventures, LLC v. Brandtone Holdings Ltd.District Court, S.D. New York · 2017
  3. Mountain National Bank v. Brackett (In Re Brackett)United States Bankruptcy Court, N.D. Georgia · 2000
  4. Nature's First Inc. v. Nature's First Law, Inc.District Court, D. Connecticut · 2006
  5. Hawthorne v. Citicorp Data Systems, Inc.District Court, E.D. New York · 2003

17 more not listed; retrieve them via the Exa API.

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