PALLETTE STONE CORP. v. EBERT


210 A.D.2d 807 (1994)

620 N.Y.S.2d 611

Pallette Stone Corporation, Respondent, v. Fred Ebert, Doing Business as Ebert's Paving, Appellant

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

December 29, 1994


Mercure, J.

Plaintiff commenced this action on November 7, 1989 by personal service of a summons with notice upon defendant. Avowedly taking the position that the service did not confer jurisdiction over him because he had never filed a certificate of doing business under the name of Ebert's Paving, defendant did not appear in the action. Plaintiff subsequently sought and obtained a default judgment in the amount...

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