Roth v. Light
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Henry Roth and another against Benjamin Light and others. From an order of the City Court of the City of New York denying a motion to vacate a judgment on the ground of nonservice of process and nonappearance, and to vacate an order in supplementary proceedings, Simon Weisman appeals.
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Appeal from City Court of New York, Special Term. Action by Henry Roth and another against Benjamin Light and others. From an order of the City Court of the City of New York denying a motion to vacate a judgment on the ground of nonservice of process and nonappearance, and to vacate an order in supplementary proceedings, Simon Weisman appeals. Order denying the motion to vacate the judgment affirmed, and order denying the motion to vacate the order in supplementary proceedings reversed, and order vacated and set aside.
1Per curiam
In September, 1905, a summons and complaint was issued in the City Court in which Samuel Weisman was named as one of the defendants; the name “Samuel” being stated to be fictitious. It is claimed by the plaintiffs that service was made upon one Simon Weisman, and it is not disputed but that he was the person intended to be the defendant. Later on one Fried, an attorney, served an answer on behalf of Samuel Weinman and another defendant named Mirbach. The answer being verified by Mirbach, the case appeared upon the City Court calendar in April, 1909. Simon Weisman, through an attorney named…
2Cases cited1 opinion
- Shannon v. StegerAppellate Division of the Supreme Court of the State of New York · 1902