Spring Valley Credit Union v. Morrison

Appellate Division of the Supreme Court of New York

Spring Valley Credit Union v. Morrison

46 A.D.2d 907, 362 N.Y.S.2d 197, 1974 N.Y. App. Div. LEXIS 3350

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

DecidedDecember 16, 1974

StatusPublished

This text of 46 A.D.2d 907 (Spring Valley Credit Union v. Morrison) 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

Spring Valley Credit Union v. Morrison, 46 A.D.2d 907, 362 N.Y.S.2d 197, 1974 N.Y. App. Div. LEXIS 3350 (N.Y. Ct. App. 1974).

Pincite

Opinion

In an action on a promissory note, defendant Morrison appeals (1) from an order of the Supreme Court, Rockland County, entered November 14, 1973, which denied his motion to set aside the alleged service of a summons, (2) as limited by his brief, from so much of a further order of the same court, entered January 22,1974, as, upon reargument, adhered to the original decision and (3) from a default judgment entered October 26, 1973. Appeal from judgment dismissed, without costs. No appeal lies from a default judgment and, in any event, the judgment is not set forth in the record on appeal. Appeal from order entered November 14,1973, dismissed as academic, without costs. That order was superseded by the order entered January 22, 1974, which granted reargument. Order entered January 22, 1974 reversed insofar as appealed from, without costs, and appellant’s motions are granted to the extent of directing that a hearing be held at Special Term in accordance herewith. Appellant’s motion papers raised an issue of fact as to whether he was ever properly served with the summons. Accordingly, a hearing on this question should have been held. Martuseello, Acting P. J., Latham, Cohalan, Brennan and Benjamin, JJ., concur.

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In an action on a promissory note, defendant Morrison appeals (1) from an order of the Supreme Court, Rockland County, entered November 14, 1973, which denied his motion to set aside the alleged service of a summons, (2) as limited by his brief, from so much of a further order of the same court, entered January 22,1974, as, upon reargument, adhered to the original decision and (3) from a default judgment entered October 26, 1973. Appeal from judgment dismissed, without costs. No appeal lies from a default judgment and, in any event, the judgment is not set forth in the record on appeal. Appeal from order entered November 14,1973, dismissed as academic, without costs. That order was superseded by the order entered January 22, 1974, which granted reargument. Order entered January 22, 1974 reversed insofar as appealed from, without costs, and appellant’s motions are granted to the extent of directing that a hearing be held at Special Term in accordance herewith. Appellant’s motion papers raised an issue of fact as to whether he was ever properly served with the summons. Accordingly, a hearing on this question should have been held. Martuseello, Acting P. J., Latham, Cohalan, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

46 A.D.2d 907, 362 N.Y.S.2d 197, 1974 N.Y. App. Div. LEXIS 3350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spring-valley-credit-union-v-morrison-nyappdiv-1974.