Legal Opinion
Marine Midland Bank v. Tooker
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 1980PublishedCited by 9 opinions
1Opinion of the Court
Appeal from an order of the County Court of Greene County, entered December 14, 1979, which denied defendant’s motion, pursuant to CPLR 317, to vacate the default judgment entered May 25, 1979. In March, 1978 defendant and her sister defaulted on a note which, as comakers, they had executed and delivered to plaintiff in September, 1977. Plaintiff commenced an action in the County Court of Greene County on November 29, 1978 to recover the unpaid balance due on the note. Service of the summons with notice (CPLR 305, subd [b]) was made by affixing it to the door of defendant’s home and mailing a…
2Cases cited5 opinions
- Bishop v. GalassoAppellate Division of the Supreme Court of the State of New York · 1979
- Fusco v. MalcolmAppellate Division of the Supreme Court of the State of New York · 1975
- Keith v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1977
- Reed v. ConeAppellate Division of the Supreme Court of the State of New York · 1978
- Barry v. Oneonta Oil & Fuel Co.Appellate Division of the Supreme Court of the State of New York · 1980
3Cited by9 opinions
- Howlan v. RosolAppellate Division of the Supreme Court of the State of New York · 1988
- Falso v. NortonAppellate Division of the Supreme Court of the State of New York · 1982
- Cecelia v. Colonial Sand & Stone Co.Appellate Division of the Supreme Court of the State of New York · 1982
- Essex Credit Corp. v. Theodore Tarantini Associates, Ltd.Appellate Division of the Supreme Court of the State of New York · 1992
- National Bank of Northern New York v. GrassoAppellate Division of the Supreme Court of the State of New York · 1980
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