Riggs v. . Waydell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which denied a motion on the part of defendants, lor an extra allowance and for leave to serve upon the plaintiff’s attorney the affidavit prescribed by section 740 of the Code of Civil Procedure, with the like effect as if it had been annexed to, an offer of judgment herein, which had been subscribed and served by defendants attorney without…
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which denied a motion on the part of defendants, lor an extra allowance and for leave to serve upon the plaintiff’s attorney the affidavit prescribed by section 740 of the Code of Civil Procedure, with the like effect as if it had been annexed to, an offer of judgment herein, which had been subscribed and served by defendants attorney without annexing such affidavit. (Reported below, 17 Hun, 515.) The plaintiff’s attorney after service of the offer served on…
1Per curiam
We concur with the opinion of the Special and that of the General Term, that the offer made by the defendant to allow judgment to be taken was imperfect, because it was not in conformity to the Code, and that there was no waiver of the defect by the notice served by the plaintiff’s attorney upon the defendant’s attorney, or in any other manner.
We are also of the opinion that if the case was one in which the courts were authorized to allow the defendants to serve the affidavit required nunc pro tunc, it was a matter of discretion with the Special Term, and having once been refused there, as…
2Cases cited1 opinion
- Sturgis v. . SpoffordNew York Court of Appeals · 1874
3Cited by7 opinions
- Smith v. KerrNew York Supreme Court · 1888
- Paul Armstrong Co. v. Majestic Motion Picture Co.City of New York Municipal Court · 1914
- Brown v. NicholsCity of New York Municipal Court · 1885
- Leslie v. WalrathNew York Supreme Court · 1887
- Perine v. WigginsNew York Supreme Court · 1890
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