HABERMAN v. SIMON


303 A.D.2d 181 (2003)

755 N.Y.S.2d 596

JACOB HABERMAN, Appellant, v. DAVID SIMON, Respondents.

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

Decided March 6, 2003.


An issue of fact as to whether plaintiff's process server personally delivered the summons and complaint to defendant David Simon is raised by the latter's denial of such service and the description of him in the process server's affidavit as, among other things, five feet, four inches, when he claims to be five feet, 10 inches. If no such service was made, then the judgment would have to be vacated for lack of jurisdiction (CPLR 5015 [a] [4]), and the action dismissed not...

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