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COPELAND v. GROSS

39 Misc.2d 619 (1963)

Joanne Copeland, Appellant, v. Anne Gross, Respondent.

Supreme Court, Appellate Term, First Department.

June 27, 1963

Attorney(s) appearing for the Case

Jack Levin and M. Bruce Solomon for appellant.

Concur — GOLD, J. P., HOFSTADTER and CAPOZZOLI, JJ.

Per Curiam.

On a motion treated by the court as a motion to vacate a default judgment, which attacks the court's jurisdiction for improper service of the summons and complaint, no conditions may be imposed. The court must, if it cannot summarily dispose of the issue of proper service, set the matter down for a hearing on the traverse; maintain the stay of all proceedings, and provide for the disposition of the motion after deciding the issue of service. (

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