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CITIBANK v. HAMILTON

114 Misc.2d 1082 (1982)

Citibank, N. A., as Assignee in Interest of Dale Olds, Inc., Plaintiff, v. Roger Hamilton, Defendant. River Park Associates, Plaintiff, v. Andrew Vaughn et al., Defendants. George D. Rosenbaum, Plaintiff, v. Paul Georgalas, Defendant. Household Finance Corporation, Plaintiff, v. Luis Hernandez et al., Defendants. Beneficial Discount Co. of New York, Inc., Plaintiff, v. Evelyn Taylor, Defendant. Manufacturers Hanover Trust Company, Plaintiff, v. Elizabeth Ransom, Defendant.

Civil Court of the City of New York, Special Term, Bronx County.

April 19, 1982

Attorney(s) appearing for the Case

Sharinn & Lipshie, P. C. (Michael C. Modansky of counsel), for Citibank, N. A., plaintiff. Michael M. Chasen for River Park Associates, plaintiff. Mark L. Goldman for George D. Rosenbaum, plaintiff. Seymour R. Weinick and Ted M. Tobias for Household Finance Corporation, plaintiff. Scheinberg & Finno (Marc Schwartz of counsel), for Beneficial Discount Co. of New York, Inc., plaintiff. Elliot S. Schlissel for Manufacturers Hanover Trust Company, plaintiff.

MARTIN B. KLEIN, J.

The following constitutes the opinion and decision of the court:

These six motions present the issue of proper service of the notice of motion upon a nonappearing pro se defendant. To wit, does the court have jurisdiction to entertain a motion when the notice of motion was mailed and not personally served? Proper service is an essential aspect of procedural due process, but...

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