Legal Opinion

W. T. Grant Co. v. Payne

New York County Courts

Decided November 19, 1970PublishedCited by 3 opinions

1Opinion of the CourtAlton J. Wightman, J.

This is an appeal by defendant from a default judgment for plaintiff against her in the amount of *798$630.24 entered in Justice Court, Town of Bath, before the Honorable George D. Reed on August 18, 1970.

Appellant urges reversal of the judgment on several grounds.

She first contends that the judgment roll contains no proof of service of the summons, for the reason that a constable allegedly making service signed a form affidavit of service which contained no jurat. CPLR 306 concerns proof of service and, among other things, provides ‘1 It shall be in the form of a certificate if the service is…

2Cases cited1 opinion

  1. Hillside Housing Corp. v. EisenbergerCity of New York Municipal Court · 1939

3Cited by3 opinions

  1. Reynolds Securities, Inc. v. Underwriters Bank & Trust Co.New York Court of Appeals · 1978
  2. Cinderella Holding Corp. v. Calvert InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
  3. Jerkens Trucking & Equipment, Inc. v. MemmoliAppellate Division of the Supreme Court of the State of New York · 1994

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