Freccia v. Garullo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Titone, J. P.
On this appeal the defendant argues that a default judgment obtained by plaintiff against her in the County Court, was void for lack of subject matter jurisdiction, and that neither laches nor the absence of a meritorious defense is a bar to its vacatur.
THE FACTS
On March 1, 1978, Catherine Garullo, the defendant in this matter, was personally served with a summons with notice, dated February 23, 1978 (CPLR 305, subd [b]). *282According to the notice, the object of the action was “to collect monies advanced by plaintiff on behalf of defendant”. Judgment was sought…
2Cases cited6 opinions
- Reynolds Securities, Inc. v. Underwriters Bank & Trust Co.New York Court of Appeals · 1978
- Nuernberger v. State of NYNew York Court of Appeals · 1976
- Red Creek National Bank v. Blue Star Ranch, Ltd.Appellate Division of the Supreme Court of the State of New York · 1977
- Georgia Pacific Corp. v. BaileyAppellate Division of the Supreme Court of the State of New York · 1980
- Union National Bank v. DavisAppellate Division of the Supreme Court of the State of New York · 1979
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- Adams v. AdamsAppellate Division of the Supreme Court of the State of New York · 1998
- Woodward v. Eighmie Moving & Storage, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
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