Municipal Mortgage Co. v. Four Hundred Sixty-One Eighth Avenue Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Municipal Mortgage Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the the county of New York on the 21st day of December, 1920, referring the issue with respect to the service of the summons and complaint on the defendant Dodge Publishing Company and appointing a referee to take proof and report.
1Opinion of the Court
Dowling, J.:
This action was brought for the foreclosure of a fourth mortgage amounting to $125,000 on premises 461-479 Eighth avenue, in the borough of Manhattan, city of New York. The action was commenced April 23, 1920, and the summons and complaint were served on May 4, 1920, on the Dodge Publishing Company, which was the tenant of the eighteenth floor of said building, by delivering a copy of same to Edwin M. Gamble who is claimed to have been, at the time, the managing agent of the Dodge Publishing Company. Judgment of foreclosure and sale was entered herein on November 9, 1920, and the…
2Cases cited2 opinions
- Buchholtz v. Florida East Coast Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Wamsley v. H. L. Horton & Co.New York Supreme Court · 1893
3Cited by2 opinions
- Heritage House Frame & Moulding Co. v. Boyce Highlands Furniture Co.District Court, E.D. New York · 1980
- Campbell v. GrayAppellate Division of the Supreme Court of the State of New York · 1938