Legal Opinion
Aiello v. Yale Transport Corp.
New York Supreme Court
Decided August 22, 1940PublishedCited by 3 opinions
1Opinion of the CourtBernstein, J.
This is a motion to set aside an execution against the defendant’s property issued upon a judgment entered by default in the Justice’s Court of Rye, in Westchester county. The summons was served on an officer of the defendant corporation at its place of business in New York county, and it is now the defendant’s contention that the judgment is void for lack of jurisdiction because of such service.
Section 10 of the Justice Court Act permits an action to be brought before a justice of a town or city wherein one of the parties resides or a justice of an adjoining town or city in the same county,…
2Cases cited5 opinions
- Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900
- Hoag v. . LamontNew York Court of Appeals · 1875
- Baird v. HelferAppellate Division of the Supreme Court of the State of New York · 1896
- People v. UpsonNew York Supreme Court · 1894
- Degnon v. Cook & Wilson'sAppellate Terms of the Supreme Court of New York · 1917
3Cited by3 opinions
- Heath v. ParkerColorado Court of Appeals · 2001
- Campoli v. Grand Union Co., New York County Courts1968
- Crane v. Prudential Insurance Co. of America, New York County Courts1963