Valentine v. Myers' Sanitary Depot
New York Supreme Court
Appeal from an order made at a Special Term, refusing to vacate an order for the discontinuance of this action as against the appellant (a corporation), who was originally impleaded with the individual defendant.
Read the full summary
Appeal from an order made at a Special Term, refusing to vacate an order for the discontinuance of this action as against the appellant (a corporation), who was originally impleaded with the individual defendant. The moving papers of the appellant show that the only service •of summons was upon the defendant Myers individually ; that he appeared by due notice of appearance, but that no summons was served on the corporation; and that there was no appearance or pleading served in behalf of the corporation. The corporation served a notice of a motion to have the complaint made more definite and…
1Opinion of the Court
Barnard, JP. J.:
The defendant, “ Myers’ Sanitary Depot,” was not served with the summons and complaint in this action. Having in some way become possessed of a copy of the complaint which had been served upon the defendant Myers, it caused a motion to be made to make the complaint more definite and certain. It gave no notice of appearance with the notice of motion. This notice was signed by an attorney of the court. Before the present Code a notice of motion was held in many cases to be an appearance. Under these decisions there grew up a practice by which a notice of motion was made a…
2Cases cited1 opinion
- Douglas v. HaberstroNew York Supreme Court · 1879