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eBook details

• Title: Cyril T. Mcdermott v. William J. Hoenig Et Al.
• Author : Supreme Court of New York
• Release Date : January 30, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

It being undisputed that neither the complaint nor a notice pursuant to CPLR 305 (subd. [b]) was served with the summons, we are constrained to hold that the default judgment is a nullity. The clerk was without authority to enter the judgment absent proof of service of the summons and complaint or a summons and notice (CPLR 3215, subds. [a], [e]; Malone v. Citarella, 7 A.D.2d 871). Except for this jurisdictional requirement, we would have affirmed the order because appellants failed to demonstrate either excusable

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