Norwest Bank Minnesota, N. A. v. Galasso

Appellate Division of the Supreme Court of New York

Norwest Bank Minnesota, N. A. v. Galasso

275 A.D.2d 400, 712 N.Y.S.2d 878, 2000 N.Y. App. Div. LEXIS 8797

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

DecidedAugust 21, 2000

StatusPublished

Cited by3 cases

This text of 275 A.D.2d 400 (Norwest Bank Minnesota, N. A. v. Galasso) 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

Norwest Bank Minnesota, N. A. v. Galasso, 275 A.D.2d 400, 712 N.Y.S.2d 878, 2000 N.Y. App. Div. LEXIS 8797 (N.Y. Ct. App. 2000).

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Opinion

—In an action to foreclose a mortgage, the defendant Philip Galasso, s/h/a as John Doe, appeals from an order of the Supreme Court, Nassau County (Dunne, J.), entered August 12, 1999, which denied his motion to dismiss the complaint insofar as asserted against him.

Ordered that the order is reversed, as an exercise of discretion, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for the purpose of holding a hearing on the issue of whether personal jurisdiction was obtained over the appellant and thereafter for a new determination of his motion.

The appellant’s sworn statement that no summons and com[401]*401plaint appeared on his door on May 14, 1999, sufficiently refuted the process server’s affidavit stating that the service was properly accomplished pursuant to CPLR 308 (4). Accordingly, a hearing should have been held (see, Hopkins v Tinghino, 248 AD2d 794).

The appellant’s remaining contentions are without merit. Mangano, P. J., O’Brien, Sullivan and H. Miller, JJ., concur.

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—In an action to foreclose a mortgage, the defendant Philip Galasso, s/h/a as John Doe, appeals from an order of the Supreme Court, Nassau County (Dunne, J.), entered August 12, 1999, which denied his motion to dismiss the complaint insofar as asserted against him.

Ordered that the order is reversed, as an exercise of discretion, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for the purpose of holding a hearing on the issue of whether personal jurisdiction was obtained over the appellant and thereafter for a new determination of his motion.

The appellant’s sworn statement that no summons and com[401]*401plaint appeared on his door on May 14, 1999, sufficiently refuted the process server’s affidavit stating that the service was properly accomplished pursuant to CPLR 308 (4). Accordingly, a hearing should have been held (see, Hopkins v Tinghino, 248 AD2d 794).

The appellant’s remaining contentions are without merit. Mangano, P. J., O’Brien, Sullivan and H. Miller, JJ., concur.

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Bluebook (online)

275 A.D.2d 400, 712 N.Y.S.2d 878, 2000 N.Y. App. Div. LEXIS 8797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norwest-bank-minnesota-n-a-v-galasso-nyappdiv-2000.

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