BARNABY v. COREMAN, INC.

28061/2007.

25 Misc.3d 855 (2009)

890 N.Y.S.2d 291

2009 NY Slip Op 29361

CLINTON BARNABY, Plaintiff, v. COREMAN, INC., et al., Defendants.

Supreme Court, Queens County.

September 2, 2009.


Attorney(s) appearing for the Case

David Gonen, defendant pro se.

Isaac Nwakaego Okoro, Jamaica, for plaintiff.


OPINION OF THE COURT

CHARLES J. MARKEY, J.

The following decision raises an issue of first impression for an American court: whether or not a traverse hearing, concerning the propriety of the service of process, needs to be reheld because, as a result of oversight, the witness at the hearing was not sworn. The issue is especially interesting since no one has objected, as of yet, to the hearing or to the...

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