Automatic Phonograph Maintenance Service v. Werger

Appellate Terms of the Supreme Court of New York

Automatic Phonograph Maintenance Service v. Werger

17 Misc. 2d 493, 191 N.Y.S.2d 388, 1958 N.Y. Misc. LEXIS 2218

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 8, 1958

StatusPublished

Cited by1 cases

This text of 17 Misc. 2d 493 (Automatic Phonograph Maintenance Service v. Werger) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Automatic Phonograph Maintenance Service v. Werger, 17 Misc. 2d 493, 191 N.Y.S.2d 388, 1958 N.Y. Misc. LEXIS 2218 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

The motion to vacate the judgment for non-service of process is made as a matter of right, and if no process had been served the judgment is absolutely void and must be vacated. (N. Y. City Mun. Ct. Code, § 129, subd. 1; also, see, Potenza v. Canto, 18 N. Y. S. 2d 849, and cases there cited.) The burden is upon the defendant to establish that he was not served with process.

The order on reargument should be reversed on the law, with $10 costs to defendant, original order adhered to, and matter remitted to the Municipal Court for disposition after determining on oral proof whether defendant was served with process.

Concur — Pette, Di Giovanna and Brown, JJ.

Order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI