MUT. HOME DEALERS CORP. v. ALVES


43 Misc.2d 930 (1964)

Mutual Home Dealers Corp., Plaintiff, v. Elizabeth Alves, Defendant.

Supreme Court, Special Term, Nassau County.

May 25, 1964


Attorney(s) appearing for the Case

Calvin C. Cobb for defendant. Harris, Corwin & Post for plaintiff.


FRANK A. GULOTTA, J.

This motion to vacate a judgment of foreclosure and sale on the ground that defendant was not served with process has been combined with a second ground to the effect that the defendant has a meritorious defense.

The effect of this generally is to waive the first ground, since a discussion of the merits constitutes a submission to the jurisdiction of the court, making the original...

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