Schlossmans, Inc. v. Lewis

Full title: SCHLOSSMANS, INC., Respondent, v. WILLIAM LEWIS et al., Appellants

Court: Supreme Court, Appellate Term, First Department

Date published: Mar 7, 1957

8 Misc. 2d 727 (N.Y. App. Term 1957)

160 N.Y.S.2d 894

Opinion

March 7, 1957

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, ROBERT V. SANTANGELO, J.

Abraham I. Nelson for appellants.

David B. Le Schack and Alvin Kaplan for respondent.

Per Curiam.

The motion of the defendants challenges the jurisdiction of the court. It was first granted on certain conditions and on reargument denied. Conditions may not be imposed on the granting of an order to vacate a judgment for lack of jurisdiction. The defendants are entitled to disposition of the question of service.

The orders should be reversed, without costs, and motion granted to the extent of remitting the case to the lower court to take testimony on the issue of the service of process on the appellants.

HOFSTADTER, STEUER and AURELIO, JJ., concur.

Orders reversed, etc.