Legal Opinion

Multari v. Westchester Car Phone, Inc.

Yonkers City Court

Decided December 19, 1986Published

1Opinion of the Court

OPINION OF THE COURT

Gilbert Rabin, J.

Respondent, by the instant motion, moves to vacate the judgment and warrant issued by this court on November 8, 1985, and seeks dismissal of the underlying petition for sum*80mary judgment by reason of petitioner’s failure to effect proper service of the petition upon the respondent. Although neither respondent nor petitioner has attached correct copies of the aforementioned judgment and warrant, the same is contained in the original court file under docket No. SP 5186/-85. Petitioner opposes said motion on the grounds that process was properly served and…

2Cases cited5 opinions

  1. MacAffer v. Boston & Maine RailroadNew York Court of Appeals · 1935
  2. Royal Zenith Corp. v. Continental InsuranceNew York Court of Appeals · 1984
  3. Eisenhofer v. New Yorker Zeitung Publishing & Printing Co.Appellate Division of the Supreme Court of the State of New York · 1904
  4. MacAfferr v. Boston & Maine RailroadAppellate Division of the Supreme Court of the State of New York · 1934
  5. Eastwood v. PremisAppellate Division of the Supreme Court of the State of New York · 1959

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