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Appellate Terms of the Supreme Court of New York, 1957

Schlossmans, Inc. v. Lewis

Schlossmans, Inc. v. Lewis
Appellate Terms of the Supreme Court of New York · Decided March 7, 1957 · Aurelio, Hofstadter, Steuer
8 Misc. 2d 727; 160 N.Y.S.2d 894; 1957 N.Y. Misc. LEXIS 3373

Counsel

Abraham I. Nelson for appellants., David, B. Le Schack and Alvin Kaplan for respondent.

Schlossmans, Inc. v. Lewis

Opinion of the Court

Per Curiam.

The motion of the defendants challenges the jurisdiction of the court. It was first granted on certain conditions and on reargument denied. Conditions may not be imposed on the granting of an order to vacate a judgment for lack of jurisdiction. The defendants are entitled to disposition of the question of service.

*728The orders should be reversed, without costs, and motion granted to the extent of remitting the case to the lower court to take testimony on the issue of the service of process on the appellants.

Hofstadter, Steuer and Aurelio, JJ., concur.

Orders reversed, etc.

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