Legal Opinion

Grossman Bros. v. Atlas Construction Co.

Appellate Terms of the Supreme Court of New York

Decided November 12, 1909PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Grossman Bros. & Rosenbaum, a corporation, against the Atlas Construction Company, a corporation. Judgment for plaintiff, and defendant appeals.

1Per curiam

Service of was made on a who to January 5, 1909, had been president of defendant, but had ceased all connection with defendant for about six months previous to such service. Judgment was taken by default. Defendant has not appeared in the action in any way, except for the purpose of this appeal from said judgment.

Defendant’s practice in taking this appeal from the judgment, entered without service of process or appearance of defendant in the action, was proper. Swift & Co. v. Mutual Comm. Co. (Sup.) 107 N. Y. Supp. 40; Oswego County Savings Bank v. Town of Genoa, 28 Misc. Rep. 72, 59 N. Y.…

2Cases cited3 opinions

  1. Burkhard v. SmithAppellate Terms of the Supreme Court of New York · 1896
  2. Oswego County Savings Bank v. Town of GenoaNew York Supreme Court · 1899
  3. Swift & Co. v. Mutual Commission Co.Appellate Terms of the Supreme Court of New York · 1907

3Cited by1 opinion

  1. Grossman Bros. & Rosenbaum v. Atlas Construction Co.Appellate Division of the Supreme Court of the State of New York · 1910

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