Legal Opinion

Schlesinger v. Borough Bank

Appellate Division of the Supreme Court of the State of New York

Decided March 22, 1906PublishedCited by 6 opinions

Appeal by the plaintiff, Leo Schlesinger, as receiver of the Federal Bank of Yew York, from an order of the Supreme Court,, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 15th day of July, 1905, directing the attorneys for the plaintiff to accept service of the defendant’s amended answer.

1Opinion of the Court

Hirschberg, P. J.:

I cannot concur either in the views expressed in the opinion of Mr. Justice Jenks or in the conclusion reached by him. The appeal ‘ is from an order made, by Mf. Justice Lambebt, permitting the defendant to amend’its answer as of course within forty days of the’ time when it was served by mail. In making the order. Mr. Justice Lambert wrote as follows: “ I feel constrained to follow the decision in Binder v. Met. St. R. Co. (68 App. Div. 281), which in effect ho.lds that service by mail operates to double the time of the party serving as well as his adversary. This decision…

2Cases cited3 opinions

  1. Armstrong v. PhillipsNew York Supreme Court · 1891
  2. Binder v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  3. Toomey v. AndrewsNew York Supreme Court · 1872

3Cited by6 opinions

  1. Schlegel v. Roman Catholic Church of the Most Holy TrinityNew York Court of Appeals · 1909
  2. State Board of Pharmacy v. RhinehardtAppellate Division of the Supreme Court of the State of New York · 1906
  3. Langer v. SwaseyNew York Supreme Court · 1907
  4. Seckel v. TangemannNew York Supreme Court · 1907
  5. Southern Knitting Mills, Inc. v. Navy Knitting Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1919

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