Chase Manhattan Bank, N.A. v. Powell

OPINION OF THE COURT

Bernard F. McCaffrey, J.

In this matter the defendant, Gerald A. Powell, moves to set aside service of the summons and complaint and the default judgment against him, on the grounds that service was made on February 16, 1980, which was a Saturday. The defendant contends, inasmuch as he is of the Jewish faith, that such service made upon him on a Saturday is prohibited, not valid, and is void as violative of the provisions of section 13 of the General Business Law which provides as follows:

“§ 13. Maliciously serving process on Saturday on person who keeps Saturday as holy…