Pennington Furniture Co. v. Herman Miller Furniture Co.

Prior to 1931 section 48 of the Municipal Court Code provided that where an attachment was granted in that court, and the defendant had no place of residence in the city of New York service of process might be effected by leaving a copy of the summons, warrant and inventory with the person in whose possession the property attached was found. In this form the section was declared unconstitutional. (Nerenberg v. Keith, 101 Misc. 551; Drew v. Northwestern Corp., 133 id. 706; Mayefsky v. Davis, 139 id. 506.) By chapter 576 of the Laws of 1931 section 48 was amended so as to add the requirement…