Goldstein v. Marx
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Samuel Marx and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of April, 1902, denying the defendants’ motion to compel the plaintiff to accept service of an order extending the defendants’ time to answer or otherwise plead to the complaint.
1Opinion of the Court
Gildersleeve, J.:
The motion is to compel plaintiff to accept the service of an affidavit and order extending time of defendants to answer. The summons places the venue in Queens county, while the complaint *546places it in New York county. The order was obtained in New York county. The defendants appeared in the action, and in their notice of appearance placed the venue in New York county. The plaintiff’s attorney, upon receiving the notice of appearance, scratched out “ New York county,” as claimed by defendants, and replaced it by “ Queens county ” against the protest of defendants’ attorney.…
2Cases cited1 opinion
- Fisher v. OgdenAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Tolhurst v. HowardAppellate Division of the Supreme Court of the State of New York · 1904
- Bell v. PolymeroAppellate Division of the Supreme Court of the State of New York · 1904