Appellate Division of the Supreme Court of New York, 1957

Eliasco v. Eliasco

Eliasco v. Eliasco
Appellate Division of the Supreme Court of New York · Decided June 4, 1957
3 A.D.2d 989; 163 N.Y.S.2d 41; 1957 N.Y. App. Div. LEXIS 5238
Eliasco v. Eliasco

Opinion of the Court

In the absence of an affidavit by the defendant stating that he was not served with the summons and complaint — the fact of the service and a description of the circumstances having been attested to by the affidavit in opposition — the moving papers are insufficient to raise any issue. Order vacating the service pending a reference to hear and report was unwarranted and must be reversed. As defendant is now overseas, he should be afforded a reasonable opportunity to answer or otherwise move with respect to the complaint. Settle order accordingly on notice. Concur — Botein, J. P., Rabin, McNally and Bergan, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.