RUBIN v. PAYNE


103 A.D.2d 946 (1984)

Jay S. Rubin, Respondent, v. Everett Payne, Appellant

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

July 19, 1984


¶ In this action for damages for an alleged assault and battery, defendant was given notice of a day certain trial date of June 6, 1983 by certified letter dated May 23, 1983 from the Supreme Court clerk. Although properly addressed, the letter was returned "unclaimed". Plaintiff secured a default judgment in the sum of $7,500 plus costs. Defendant moved to vacate the default judgment, contending that he never received notice by mail or telephone to appear in court on...

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