Skinner v. Jordan
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment rendered in the Municipal Court of the city of Mew York, eighth district, borough of Manhattan, in favor of the plaintiff.
1Opinion of the CourtFreedman, P. J.
At the close of the plaintiff’s case the defendant offered no proof but moved for a dismissal upon the ground “ that there is no proof of service of the substituted service and a failure to comply with section 34 of the Municipal Court Act. This action was commenced by substituted service of the papers. Só far as it appears before the court there is no proof before this court as to when the affidavit and order were filed.”
This motion was denied and judgment rendered for the plaintiff. The only indorsement on the summons or on any of the papers are the words and figures “ Cal. fee paid…
2Cases cited2 opinions
- Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
- O'Reilly v. New Brunswick, Amboy & New York Steamboat Co.Appellate Terms of the Supreme Court of New York · 1899
3Cited by2 opinions
- New York Leasing Co. v. O'BrienAppellate Terms of the Supreme Court of New York · 1908
- Allen v. FormanCity of New York Municipal Court · 1944