Legal Opinion · Concurring in part, dissenting in part
Engel v. Lichterman
Appellate Division of the Supreme Court of the State of New York
Decided October 17, 1983Published
1Concurring in part, dissenting in partGibbons, J.
An allegation of nonreceipt made by the addressee of legal papers purportedly mailed pursuant to CPLR 2103 (subd [b], par 2), if true, logically raises two possibilities: either the papers were never mailed, or they were mailed but were lost in transit. Not remarkably, plaintiffs’ lawyer, after asserting that the conditional order of preclusion entered November 1, 1979, was never received, suggests that either the order was never mailed or that it was lost by the postal service.
Contrary to what is insinuated by the majority, plaintiffs never conceded that the order was, in fact, mailed. In…
2Cases cited27 opinions
- Nassau Insurance v. MurrayNew York Court of Appeals · 1978
- Curry v. MacKenzieNew York Court of Appeals · 1925
- Farr v. NewmanNew York Court of Appeals · 1964
- Hastings v. Brooklyn Life InsuranceNew York Court of Appeals · 1893
- Trusts & Guarantee Co. v. BarnhardtNew York Court of Appeals · 1936
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