Doerfler v. Pottberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Isabella R. Doerfler, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 4th day of August, 1915, granting respondent’s motion for a stay of proceedings.
1Opinion of the Court
Jenks, P. J.:
Plaintiff sued for a partition of realty and made A. Doerfler one of the defendants. A. Doerfler brought a similar action and made, among others, plaintiff a defendant. The plaintiff appeals from an order of the Special Term that stays her action until final decree in the latter action; But it appears that the summons and complaint in A. Doerfler’s action were not served upon the plaintiff as a defendant therein.until five days after she began her action, and then with such procedure that the service was not complete until at least ten days after the *579initiation of service. (Code…
2Cases cited2 opinions
- Warner v. WarnerNew York Supreme Court · 1893
- Hart v. HartAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Doerfler v. PottbergAppellate Division of the Supreme Court of the State of New York · 1917
- Doerfler v. PottbergAppellate Division of the Supreme Court of the State of New York · 1915
- Doerfler v. PottbergAppellate Division of the Supreme Court of the State of New York · 1915