FRECCIA v. CARULLO


93 A.D.2d 281 (1983)

Emily Freccia, Respondent, v. Catherine Carullo, Appellant

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

April 25, 1983


Attorney(s) appearing for the Case

Henry Grant for appellant.

Donald S. Mazin for respondent.

THOMPSON, O'CONNOR and BRACKEN, JJ., concur.


TITONE, J. P.

On this appeal the defendant argues that a default judgment obtained by plaintiff against her in the County Court, was void for lack of subject matter jurisdiction, and that neither laches nor the absence of a meritorious defense is a bar to its vacatur.

THE FACTS

On March 1, 1978, Catherine Carullo, the defendant in this matter, was personally served with a summons with notice, dated February 23, 1978 (CPLR 305, subd ...

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