Legal Opinion

Wellington Associates v. Vandee Enterprises Corp.

Civil Court of the City of New York

Decided June 14, 1973PublishedCited by 8 opinions

1Opinion of the CourtShanley N. Egeth, J.

This is a motion to dismiss a petition in a nonpayment proceeding, brought on by the respondent tenant and undertenants upon the grounds of lack of jurisdiction. The tenants contended that the court never acquired jurisdiction of this proceeding because service of process was not properly made upon the prime tenant or upon the under-tenants. It is asserted that the affidavits of service do not allege that the person effecting .service was over the age of 18, or that such person was “ not a party to the proceeding.” It is additionally claimed that that process was defective because one of the…

2Cases cited7 opinions

  1. Boyd v. United States Mortgage & Trust Co.New York Court of Appeals · 1907
  2. People v. . KaminskyNew York Court of Appeals · 1913
  3. Air Conditioning Training Corp. v. PirroteAppellate Division of the Supreme Court of the State of New York · 1946
  4. Richardson v. MillardNew York Supreme Court · 1968
  5. Chittenden v. ChittendenNew York Supreme Court · 1965

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

3Cited by8 opinions

  1. Lakeside Concrete Corp. v. Pine Hollow Building Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Fisher v. Crest Corp.Idaho Court of Appeals · 1987
  3. People v. DiazNew York Supreme Court · 1981
  4. Feierstein v. MullanAppellate Terms of the Supreme Court of New York · 1983
  5. Commissioner of Transportation v. Sunny Lumber Supply NY, Inc.Civil Court of the City of New York · 2013

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

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