Legal Opinion
People v. Foster
New York Court of Appeals
Decided May 11, 1989PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Wachtler.
The defendants were convicted of larceny for executing a default judgment which is allegedly jurisdictionally defective. The defect, which relates to the sufficiency of the service of the summons on the defaulting party, appears on the face of the application for default. The People claim that the defendants knew that they had not properly served the summons and thus committed larceny. The theory is that the judgment was jurisdictionally defective, that the defendants were aware *599of the defect and that they therefore knowingly took their opponent’s…
2Cases cited17 opinions
- A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
- Dobkin v. ChapmanNew York Court of Appeals · 1968
- People v. AlamoNew York Court of Appeals · 1974
- Drago v. BuonagurioNew York Court of Appeals · 1978
- People v. SabellaNew York Court of Appeals · 1974
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People v. ZinkeNew York Court of Appeals · 1990
- United States v. Melvin Miller and Jay AdolfCourt of Appeals for the Second Circuit · 1993
- People v. City of Los AngelesCalifornia Court of Appeal · 1960
- People v. BoldenAppellate Division of the Supreme Court of the State of New York · 1993
- People v. KramerNew York Court of Appeals · 1998
12 more not listed; retrieve them via the Exa API.