Legal Opinion
Bambergers Div. of R. H. Macy Co. v. Smith
New York County Courts
Decided October 13, 1977PublishedCited by 1 opinion
1Opinion of the CourtHarry Edelstein, J.
The defendant has moved by order to show cause dated August 8, 1977, for an order of this court to vacate and set aside the default judgment entered herein and any and all execution papers heretofore served by the plaintiffs atttorney. There is no dispute as to service in this matter, for the defendant concedes that personal service of the summons and complaint was effected upon him on May 11, 1977. In response thereto the defendant, pro se, mailed an unverified letter to the plaintiffs attorney which indicated it was "a reply” to the plaintiffs complaint. This letter was allegedly mailed on…
2Cases cited4 opinions
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- Hovey v. ElliottSupreme Court of the United States · 1897
- In Re the Application for Letters of Administration of the Goods, Chattels and CreditsNew York Court of Appeals · 1898
- Edwards v. La Quay, New York County Courts1959
3Cited by1 opinion
- Dime Savings Bank of New York, FSB v. HignerAppellate Division of the Supreme Court of the State of New York · 2001