Nassau Savings & Loan Ass'n v. Fiske

In this mortgage foreclosure proceeding plaintiff moves for the appointment of a Referee to compute and other relief, claiming that defendant Bogart is in default. Defendant Bogart cross-moves by order to show cause to vacate and set aside service of summons. Plaintiff contends that defendant Bogart has appeared generally because he served a notice of special appearance which plaintiff’s attorney received by mail on December 16, 1960, but made no motion thereafter until March 27, 1961. Such, however, is not the law.

Prior to 1951 rules 106 and 107 of the Rules of Civil Practice required that…