Chase Manhattan Bank v. Carlson, 113 A.D.2d 734 (N.Y. App. Div. 1985). · Go Syfert
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Chase Manhattan Bank v. Carlson, 113 A.D.2d 734 (N.Y. App. Div. 1985). Cases Citing This Book View Copy Cite
20 citation events (5 in the last 25 years) across 4 distinct courts.
Strongest positive: Kiesha G.-S. v. Alphonso S. (nyappdiv, 2008-12-11)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Kiesha G.-S. v. Alphonso S.
N.Y. App. Div. · 2008 · confidence medium
There is no documentation showing that the incarcerated respondent was served with the summons to appear at this family offense proceeding (see Chase Manhattan Bank v Carlson, 113 AD2d 734, 735 [1985] [“(a)bsent proper service of a summons, a default judgment is a nullity and once it is shown that proper service was not effected the judgment must be unconditionally vacated”]).
discussed Cited as authority (rule) H. v. M.
N.Y. App. Div. · 2008 · confidence medium
Consequently, the order of support entered against the appellant upon his default in answering or appearing should have been unconditionally vacated (see Steele v Hempstead Pub Taxi, 305 AD2d 401, 402 [2003]; Taylor v Jones, 172 AD2d 745 [1991]; DeMartino v Rivera, 148 AD2d 568, 569 [1989]; Chase Manhattan Bank v Carlson, 113 AD2d 734, 735 [1985]).
discussed Cited as authority (rule) Yellow Book of NY L. P. v. Dimilia
nydistctnassau · 2001 · confidence medium
There is no such person at that address.” In the prior decision, this Court observed that, as held by the Appellate Division in Chase Manhattan Bank v Carlson ( 113 AD2d 734, 735 [2d Dept 1985]), if service were in fact improper, dismissal would be required whether or not a meritorious defense had been stated: “Absent proper service of a summons, a default judgment is a nullity and once it is shown that proper service was not effected the judgment must be unconditionally vacated.
cited Cited as authority (rule) Citibank (South Dakota) N. A. v. Farmer
nymtverncityct · 1995 · confidence medium
Once it is shown that service was improper, the judgment is a nullity and must be vacated unconditionally (Chase Manhattan Bank v Carlson, supra, at 735).
cited Cited as authority (rule) Smith v. Wilson
N.Y. App. Div. · 1987 · confidence medium
Accordingly, the default judgment was a nullity (see, Ariowitsch v Johnson, 114 AD2d 184, 186 ; Chase Manhattan Bank v Carlson, supra, at 735).
discussed Cited "see, e.g." Anello v. Barry
N.Y. App. Div. · 1989 · signal: see also · confidence low
The defendant correctly contends that if service was not properly effected pursuant to CPLR 308 (2), then the court has no jurisdiction over her; hence, all proceedings, including the default judgment entered against her, would be nullities (see, McMullen v Arnone, 79 AD2d 496 ; see also, Chase Manhattan Bank v Carlson, 113 AD2d 734 ).
Retrieving the full opinion text from the archive…
Chase Manhattan Bank, N. A.
v.
Mary R. S. Carlson
Appellate Division of the Supreme Court of the State of New York.
Sep 3, 1985.
113 A.D.2d 734
1985 N.Y. App. Div. LEXIS 52431
Cited by 15 opinions  |  Published

In an action to recover moneys alleged to be due and owing under a consumer credit agreement, plaintiff appeals from an order of the Supreme Court, Westchester County (Stolarik, J.), entered December 20, 1983, which granted respondent’s motion to vacate a default judgment entered against her.

[*735] Order affirmed, without costs or disbursements.

The affidavit of service was insufficient, as a matter of law, to satisfy plaintiffs burden of establishing the exercise of due diligence in attempting to effect personal service upon the respondent before resorting to the use of the so-called "nail and mail” provisions under CPLR 308 (4) (Kaszovitz v Weiszman, 110 AD2d 117; Reed v Domenech, 90 AD2d 844). Absent proper service of a summons, a default judgment is a nullity and once it is shown that proper service was not effected the judgment must be unconditionally vacated. The existence or lack of a meritorious defense is irrelevant to the question of whether a judgment should be vacated for lack of personal jurisdiction (CPLR 5015 [a] [4]; Shaw v Shaw, 97 AD2d 403; Mayers v Cadman Towers, 89 AD2d 844; McMullen v Amone, 79 AD2d 496). Brown, J. P, Weinstein, Niehoff and Lawrence, JJ., concur.