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BARBER v. STUART

153 Misc.2d 666 (1991)

James W. Barber et al., Plaintiffs, v. John Stuart, a Division of Robert Allen Fabrics, Inc., et al., Defendants.

Supreme Court, Nassau County.

September 4, 1991

Attorney(s) appearing for the Case

Morgenthau, Greenes & Goldfarb, P. C., (Joseph Aronauer of counsel), for Robert Allen Fabrics, Inc., defendant. Siller, Wilk & Mencher (Michael A. Glassberg of counsel), for JS, Inc., defendant. Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano (Thomas J. Killeen of counsel), for plaintiffs.

JOHN DI NOTO, J.

Motion brought by order to show cause by defendant, JS, Inc. (JSI), for an order vacating a default judgment herein on the ground that this court was without in personam jurisdiction, is granted. Defendant has sufficiently demonstrated that it was never served with a summons and complaint. It is, of course, beyond dispute that in the absence of proper service there is no in personam jurisdiction...

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