Legal Opinion
Queensboro Leasing, Inc. v. Resnick
Civil Court of the City of New York
Decided August 29, 1974PublishedCited by 5 opinions
1Opinion of the CourtCharles H. Cohen, J.
This is a “ hearing on the traverse ’ ’ pursuant to a court order involving the determination of the validity of the service of process. Whether or not the judgment entered against defendant after inquest should be vacated, depends upon this determination since, if service was invalid, the court would not have personal jurisdiction over the defendant.
If the court does not have such jurisdiction, then it is not necessary, as plaintiff argues, for the defendant to show that she has a meritorious defense. CPLR 317, relied upon by plaintiff in support of this argument, requires the showing of a…
2Cases cited6 opinions
- United States v. Robert Wiseman, United States of America v. Herman RickCourt of Appeals for the Second Circuit · 1971
- Denning v. LettentyNew York Supreme Court · 1965
- People Ex Rel. Vogler v. WalshNew York Court of Appeals · 1882
- Weil v. WeilAppellate Division of the Supreme Court of the State of New York · 1953
- Judo, Inc. v. PeetCivil Court of the City of New York · 1971
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3Cited by5 opinions
- Shaw v. ShawAppellate Division of the Supreme Court of the State of New York · 1983
- People ex rel. Walker v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1983
- Nuez v. DiazNew York Supreme Court · 1979
- NRK Management Corp. v. DonahueCivil Court of the City of New York · 1981
- Master Navigation Co. v. Great Circle Shipping Corp.Civil Court of the City of New York · 1976