Lopez v. A & J Collisions

Appellate Division of the Supreme Court of New York

Lopez v. A & J Collisions

87 A.D.2d 527, 448 N.Y.S.2d 656, 1982 N.Y. App. Div. LEXIS 15774

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 11, 1982

StatusPublished

This text of 87 A.D.2d 527 (Lopez v. A & J Collisions) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lopez v. A & J Collisions, 87 A.D.2d 527, 448 N.Y.S.2d 656, 1982 N.Y. App. Div. LEXIS 15774 (N.Y. Ct. App. 1982).

Pincite

Opinion

Order, Supreme Court, Bronx County (Callahan, J.), dated September 25, 1981 denying defendants’ motion to open the default and vacate the order for inquest and judgment entered thereon, is unanimously reversed,- on the law and the facts, without costs, and the matter is remanded to Special Term for an evidentiary hearing as to whether defendants were properly served with original process in this matter and for further proceedings consequent on that determination. There is a substantial issue of fact, which cannot be determined on the affidavits, whether defendants were ever properly served with the summons. The affidavits also include a sufficient showing of a meritorious defense for the purpose of this motion. Concur — Kupferman, J. P., Ross, Carro, Silverman and Asch, JJ.

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Order, Supreme Court, Bronx County (Callahan, J.), dated September 25, 1981 denying defendants’ motion to open the default and vacate the order for inquest and judgment entered thereon, is unanimously reversed,- on the law and the facts, without costs, and the matter is remanded to Special Term for an evidentiary hearing as to whether defendants were properly served with original process in this matter and for further proceedings consequent on that determination. There is a substantial issue of fact, which cannot be determined on the affidavits, whether defendants were ever properly served with the summons. The affidavits also include a sufficient showing of a meritorious defense for the purpose of this motion. Concur — Kupferman, J. P., Ross, Carro, Silverman and Asch, JJ.

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Bluebook (online)

87 A.D.2d 527, 448 N.Y.S.2d 656, 1982 N.Y. App. Div. LEXIS 15774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-a-j-collisions-nyappdiv-1982.