Sicurezza v. Crisanti — 97 N.Y.S. 1147

Majority

p. 1147

SICUREZZA, Respondent, v. CRISANTI, Appellant.

(Supreme Court, Appellate Term.

March 26, 1906.)

Headnote

Appeal from City Court of New York, Special Term. Action by Grazia Sicurezza against Salvatore Crisanti. From a. judgment for plaintiff, and from an order denying defendant’s motion to set aside the same,, defendant appeals.

Reversed, and motion granted.

Charles E. Le Barbier, for appellant.

Edward J. Kelly, for respondent.

The action is for slander, and on defendant’s alleged default the damages-were assessed at $2,000. After the entry of judgment and issuance of execution, the defendant moved to set aside the judgment 'on the-ground that the summons was never served upon him. The learned justice at Special Term denied this application, but from an examination of the papers we entertain such a serious-doubt as to whether the summons was served that in our opinion the ends of justice will be best served by granting the motion, and thus-give the defendant an opportunity to have his-day in court. Order reversed, and motion granted, with $10 costs to the defendant. All concur.