LOPEZ v. A & J COLLISIONS


87 A.D.2d 527 (1982)

Jaime Lopez, Respondent, v. A & J Collisions, Also Known as A & J Collision, Inc., et al., Appellants

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

March 11, 1982


Unanimously reversed, on the law and the facts, without costs, and the matter is remanded to Special Term for an evidentiary hearing as to whether defendants were properly served with original process in this matter and for further proceedings consequent on that determination.

There is a substantial issue of fact, which cannot be determined on the affidavits, whether defendants were ever properly served with the summons. The affidavits also include a sufficient showing...

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