Vander v. Casperson

Chief Judge Desmond.

Defendants, appealing from a summary judgment against them in a suit on a foreign judgment, insist that they may defend on the ground that they were never served with process in the foreign suit.

Plaintiff, a Florida resident, sued defendants (who are New York State residents) in a State court of Florida for damages for negligently causing him to be personally injured in a Florida accident. When defendants failed to appear or contest the suit, plaintiff was awarded damages by a jury and judgment was entered in Florida for his damages and costs. The judgment was not paid and…