QUESTION

Traverse hearing request denied? What can I do now to reopen my case?

Asked on Feb 03rd, 2014 on Civil Litigation - New York
More details to this question:
My fiance learned that he had been sued when his paycheck was garnished at work. His attorney filed a motion to vacate. The judge denied the motion citing only that defendant had been properly served 6 times. My fiance was never served, and even though he the defendant, filed an sworn affadavit stating he had not been served, and that locations listed on the affidavit of service were prior places of business and prior residence. There was no traverse hearing scheduled in the first attempt to vacate. Defendant then filed "motion to reargue" after finding considerable amounts of false information reported by the process server in his affidavit: 1) the "server" was not licensed, 2) "server" listed a false agency on the affidavit of service, 3) process server listed a false address for "agency" 4) process server listed no license number for himself or agency. These facts were included in the latest motion to reargue and request a traverse and was denied. What can we do now?
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2 ANSWERS

Appellate Practice Attorney serving Forest Hills, NY
Partner at Warren S. Hecht
1 Award
You can appeal. The second motion although entitled a motion to reargue sounds like a motion to renewal. there is a time limitation to file a notice of appeal. Also did  your lawyer ever file a notice appeal from the first order which denied your first motion to vacate? 
Answered on Feb 03rd, 2014 at 3:26 PM

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Appellate Practice Attorney serving New York, NY
You have the right to file an appeal.
Answered on Feb 03rd, 2014 at 3:02 PM

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