In re Anon.
New York Supreme Court
This was a motion for re-taxation of costs. It was objected that, the affidavit and notice of motion had not been duly served. It appeared that service was made by putting the papers under the door and pushing them into the attorney’s office, no person being therein, and the same being shut and locked.
1Opinion of the Court
By the Court,
Bronson, J.
The service was not sufficient. The 11th rule of this court authorizing papers to be left in some suitable and conspicuous place in the office clearly contemplates a case where the office is onen. When the office is left in such a condition that third persons can enter, it may reasonably be presumed that the owner is only absent for a short period, and that papers left on his desk or table will come to his hands on the same day. But when the office is shut and locked, there is no foundation for such a presumption, and the service should be made at his residence. It is…
2Cases cited1 opinion
- Donaldson v. JacksonNew York Supreme Court · 1832