Legal Opinion
LeFevre v. Cole
Appellate Division of the Supreme Court of the State of New York
Decided September 25, 1981PublishedCited by 6 opinions
1Opinion of the Court
Order unanimously reversed, without costs, and matter remitted to Special Term for further proceedings, in accordance with the following memorandum: In this CPLR 3211 (subd [a], par 8) motion to dismiss the action for lack of jurisdiction, defendant’s sworn denial of receipt of a copy of the summons personally or by mail contradicts the affidavit of service of process which on its face meets each requirement of CPLR 308 (subd 2). Accordingly, a trial of this issue is appropriate to determine whether the summons in the action had in fact been mailed to defendant (CPLR 3211, subd [c]; Empire…
2Cases cited3 opinions
- Empire National Bank v. Judal Construction of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Lincoln First Bank-Central v. Joe Bombard Chevrolet, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Howard v. SpitalnikAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by6 opinions
- European American Bank & Trust Co. v. SerotaAppellate Division of the Supreme Court of the State of New York · 1997
- Deutsche Bank National Trust Co. v. PestanoAppellate Division of the Supreme Court of the State of New York · 2010
- Fabian v. MullenAppellate Division of the Supreme Court of the State of New York · 2005
- People v. WhiteAuburn City Court · 2008
- Engel v. LichtermanAppellate Division of the Supreme Court of the State of New York · 1983
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