Louise Ruffin had a process server deliver a summons and complaint to Lion Corp. at its Pennsylvania headquarters.
When Lion didn't respond to the pleadings, the New York County Supreme Court awarded Ruffin a money judgment in the amount of $450,000.00--on default.
Two years later, Lion moved to have the case dismissed, and the default judgment vacated, because the process server wasn't authorized to effect service in Pennsylvania.
While the Kings County Supreme Court thought that "irregularity" didn't require dismissal, the Appellate Division, Second Department, disagreed. It was of the view the applicable law needed to be strictly applied, and that any deviation mandated dismissal.
Since Lion's objections were "technical" in nature, and had "no effect" on the sufficiency of the underlying service effort, the New York State Court of Appeals reversed and sent the case back to the AD2 for consideration of the other arguments raised on appeal.
Did that silence that Lion's roar?
To view a copy of the Court of Appeals decision, please use this link: Ruffin v. Lion Corp .