Legal Opinion
Dennin v. Duffy
New York Supreme Court
Decided January 15, 1914Published
Motion to set aside an order of publication granted under section 438 (3) of Code of Civil Procedure.
1Opinion of the CourtSawyer, J.
This is a motion to set aside an order of publication granted under subdivision 3 of section 438 of the Code of Civil Procedure.
It appears that the above named defendant resides at 358 Lake avenue, Bochester, N. Y., but that in the affidavits and papers upon which the order was obtained her residence was variously stated as being at 81 Lake avenue and 217 Lake avenue in that city.
It further appears that the summons, complaint, order for publication and notice under section 442 of the Code of Civil Procedure were in pursuance of a direction in said order mailed to her at 217 Lake avenue,…
2Cases cited4 opinions
- Korn v. . LipmanNew York Court of Appeals · 1911
- Eisenhofer v. New Yorker Zeitung Publishing & Printing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- McCully v. HellerNew York Supreme Court · 1884
- Waters v. WatersThe Superior Court of New York City · 1894