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Taieb v. Hilton Hotels Corp.

60 N.Y.2d 725 Court N.Y. Decision date 1983-10-18 English

Contents

Majority

p. 725
Bella Taieb et al., Respondents, v Hilton Hotels Corporation, Appellant, et al., Defendant.
Argued September 12, 1983;
decided October 18, 1983
p. 727
APPEARANCES OF COUNSEL
Marvin V. Ausubel, Anthony E. Satula, Jr., Lesley E. Goldberg and Gary Alexander Stahl for appellant.
Richard J. Goldman and David Jaroslawicz for respondents.

OPINION OF THE COURT

Order reversed, with costs, plaintiffs’ motions for default judgment denied, defendant-appellant’s motion to compel

p. 728
plaintiffs to accept its answer granted, and question certified answered in the negative. The allegation that defendant did not personally receive notice of the summons in time to defend is not contested and defendant may have a meritorious defense (CPLR 317).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.