San Juan Hotel Corp. v. Greenberg

Appellate Division of the Supreme Court of New York

San Juan Hotel Corp. v. Greenberg

46 A.D.2d 693, 360 N.Y.S.2d 443, 1974 N.Y. App. Div. LEXIS 3828

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

DecidedOctober 28, 1974

StatusPublished

This text of 46 A.D.2d 693 (San Juan Hotel Corp. v. Greenberg) 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

San Juan Hotel Corp. v. Greenberg, 46 A.D.2d 693, 360 N.Y.S.2d 443, 1974 N.Y. App. Div. LEXIS 3828 (N.Y. Ct. App. 1974).

Pincite

Opinion

In an action to recover upon a default judgment entered in the Superior Court of Puerto Rico, defendant appeals (by permission of the Appellate Term for the 2nd and 11th Judicial Districts) from an order of the Appellate Term, dated April 22, 1974, which affirmed (1) a judgment of the Civil Court of the City of New York, County of Kings, entered May 10, 1973, in favor of plaintiff, upon an order of said Civil Court, entered April 24, 1973, granting plaintiff’s motion for summary judgment and (2) said order. Order of the Appellate Term and order and judgment of the Civil Court of the City of New York, County of Bangs, reversed, with $20 costs and disbursements to defendant in this court and with $20 costs and disbursements to defendant upon the appeal to the Appellate Term, and plaintiff’s motion for summary judgment remitted, to the Civil Court for (1) a traverse hearing as indicated hereinbelow and (2) a new determination. In our opinion, there were issues of fact as to whether the Puerto Rican court had obtained jurisdiction over defendant. He denied that he had ever been served with the summons or complaint, claimed that a registered letter admittedly received by him contained only a collection notice and asserted that he had paid the subject debt. These issues of fact cannot be resolved without a traverse hearing. Hopkins, Acting P. J., Cohalan, Brennan, Benjamin and Munder, JJ., concur.

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

In an action to recover upon a default judgment entered in the Superior Court of Puerto Rico, defendant appeals (by permission of the Appellate Term for the 2nd and 11th Judicial Districts) from an order of the Appellate Term, dated April 22, 1974, which affirmed (1) a judgment of the Civil Court of the City of New York, County of Kings, entered May 10, 1973, in favor of plaintiff, upon an order of said Civil Court, entered April 24, 1973, granting plaintiff’s motion for summary judgment and (2) said order. Order of the Appellate Term and order and judgment of the Civil Court of the City of New York, County of Bangs, reversed, with $20 costs and disbursements to defendant in this court and with $20 costs and disbursements to defendant upon the appeal to the Appellate Term, and plaintiff’s motion for summary judgment remitted, to the Civil Court for (1) a traverse hearing as indicated hereinbelow and (2) a new determination. In our opinion, there were issues of fact as to whether the Puerto Rican court had obtained jurisdiction over defendant. He denied that he had ever been served with the summons or complaint, claimed that a registered letter admittedly received by him contained only a collection notice and asserted that he had paid the subject debt. These issues of fact cannot be resolved without a traverse hearing. Hopkins, Acting P. J., Cohalan, Brennan, Benjamin and Munder, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

46 A.D.2d 693, 360 N.Y.S.2d 443, 1974 N.Y. App. Div. LEXIS 3828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-juan-hotel-corp-v-greenberg-nyappdiv-1974.