Hannes v. Kleinman

This is an action in slander. Judgment was entered in plaintiff’s favor as by default. Defendant moved to vacate the judgment on the ground of nonservice of the summons. I referred the matter to an Official Referee to take testimony on the issue of fact and to report with his recommendations, holding determination of the motion in abeyance pending the coming in of such report. In his report, the Referee, after outlining the proof adduced before him, stated that “ on the basis of the credible testimony ” he found for the defendant. The minutes of the hearing were “ waived ” before the Referee…