CRANESVILLE BLOCK CO., INC. v. CARPENTER


88 A.D.2d 1015 (1982)

Cranesville Block Company, Inc., Appellant, v. Keith Carpenter, Individually and Doing Business as C & K Builders, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 3, 1982


Plaintiff entered a default judgment against defendant for moneys allegedly owed on account. When it sought execution thereon, defendant moved to be relieved of his default. In his moving affidavit he averred that he had never been served with any papers in the underlying action. Annexed to plaintiff's answering papers is the affidavit of the process server which appears regular on its face. Confronted with conflicting affidavits concerning the existence of personal jurisdiction...

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