Legal Opinion
Dan Curtin Dodge, Inc. v. King
Syracuse City Court
Decided January 13, 1966PublishedCited by 1 opinion
1Opinion of the CourtTony Mancuso, J.
This is a motion to set aside a default judgment on the grounds of lack of jurisdiction under CPLR 5015 (subd. [a], par. 4).
The plaintiff entered judgment in the above matter upon a default of the defendant. The affidavit of service of the summons and complaint states that ‘ ‘ Def. could not be contacted after 20 attempts to serve personally by depositing at State Office Building, Syracuse, New York.” The affidavit of service is defective in that the affidavit of mailing is not completed. The affidavit also states that a copy of the summons and complaint was affixed to the door of defendant’s…
2Cases cited8 opinions
- Lambert v. LambertNew York Court of Appeals · 1936
- Air Conditioning Training Corp. v. PirroteAppellate Division of the Supreme Court of the State of New York · 1946
- Schneir v. TishmanAppellate Terms of the Supreme Court of New York · 1941
- Chittenden v. ChittendenNew York Supreme Court · 1965
- Gordon v. GordonNew York Supreme Court · 1959
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wellington Associates v. Vandee Enterprises Corp.Civil Court of the City of New York · 1973