MTS Minor Trading v. Diaz

Appellate Division of the Supreme Court of New York

MTS Minor Trading v. Diaz

290 A.D.2d 296, 735 N.Y.S.2d 774, 2002 N.Y. App. Div. LEXIS 287

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

DecidedJanuary 15, 2002

StatusPublished

This text of 290 A.D.2d 296 (MTS Minor Trading v. Diaz) 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

MTS Minor Trading v. Diaz, 290 A.D.2d 296, 735 N.Y.S.2d 774, 2002 N.Y. App. Div. LEXIS 287 (N.Y. Ct. App. 2002).

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Opinion

Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about October 2, 2000, which, after a traverse hearing, granted defendant’s motion to vacate a default judgment and dismiss the action for lack of jurisdiction, unanimously affirmed, without costs.

The action was properly dismissed for failure to show that the address where the summons and complaint were delivered to a person other than defendant was defendant’s dwelling place or usual place of abode (CPLR 308 [2]; 5015 [a] [4]; see, Feinstein v Bergner, 48 NY2d 234, 239-241). Concur — Andrias, J.P., Rosenberger, Lerner, Buckley and Marlow, JJ.

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Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about October 2, 2000, which, after a traverse hearing, granted defendant’s motion to vacate a default judgment and dismiss the action for lack of jurisdiction, unanimously affirmed, without costs.

The action was properly dismissed for failure to show that the address where the summons and complaint were delivered to a person other than defendant was defendant’s dwelling place or usual place of abode (CPLR 308 [2]; 5015 [a] [4]; see, Feinstein v Bergner, 48 NY2d 234, 239-241). Concur — Andrias, J.P., Rosenberger, Lerner, Buckley and Marlow, JJ.

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Bluebook (online)

290 A.D.2d 296, 735 N.Y.S.2d 774, 2002 N.Y. App. Div. LEXIS 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mts-minor-trading-v-diaz-nyappdiv-2002.

Opinion

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