Jaworower v. Rovere
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leo Rovere, 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 2d day of February, 1917, denying his motion to vacate and set aside the service of the summons as to him and to dismiss the complaint. The suit was brought in equity to establish a part interest in certain real property. The summons was subscribed by the plaintiff in person.
1Per curiam
This appellant had been served with a summons subscribed in person by the plaintiff, who was not an attorney at law. ■ After obtaining time to plead, the appellant, through his attorney, served an answer, and then an amended answer with a counterclaim, thus becoming also an actor in the cause. Plaintiff being then represented by attorneys of record, served a reply. Appellant furnished a bill of particulars, with a further bill of particulars as demanded; and thereafter admitted service of plaintiff’s notice of trial. After such appearance, and interposing his counterclaim, defendant’s motion…
2Cases cited2 opinions
- Matter of McLeanNew York Court of Appeals · 1893
- Russell v. CraigColorado Court of Appeals · 1897
3Cited by3 opinions
- Bergen v. BergenNew York Family Court · 1945
- Barrow v. HadcoxNew York Supreme Court · 1965
- Lenetska v. GoldsteinNew York Supreme Court · 1948