Goldner v. Reiss

Mae/test B. Stechee, J.

The sole issue before me is jurisdictional : were the defendants served with process within the meaning of CPLR 308 (subd. 4) % If so, plaintiff’s motion for summary judgment, conditionally granted by Judge Lane, will be final.

Each defendant having in fact received a copy of the summons in time to offer a defense and it having been determined that no defense to the claim exists, no injustice would be imposed on the defendants should I uphold the service. But there is a public policy question: Are the courts to look the other way when the law is flouted, because of1‘ no…