Hearing on Service Required
LVT Number: 8758
Facts: Tenant's 12-year-old daughter was seriously injured when she went to building basement with superintendent's daughter and the super's dog attacked her. Tenant sued the super and landlord in separate court actions. The super didn't appear in court, and the court issued a default judgment in tenant's favor. Ten months later, the super answered tenant's court complaint, claiming he'd just found out about the default and had never been served. The court vacated the default. Tenant appealed. Court: It wasn't proper for the court to rule on the super's request to vacate the default without first deciding whether super was a party to the case by proper service of the summons and complaint. Tenant claimed the super was personally served; the super claimed he was in Florida at the time. The case was sent back for a hearing on service.
Cipriano et al. v. Hank: NYLJ p. 25, col. 3 (4/29/94) (App. Div. 1 Dept.; Murphy, JP, Sullivan, Caro, Wallach, Tom, JJ)