Legal Opinion

Spitzer v. Korminsky

Appellate Terms of the Supreme Court of New York

Decided February 15, 1906PublishedCited by 1 opinion

Appeal by the defendant from a judgment in favor of the plaintiff rendered in the Municipal Court of the city of New York, ninth -district, borough of Manhattan.

1Opinion of the CourtScott, J.

On the 25th day of April, 1905, a summons was issued against the defendant herein, returnable May 5, 1905, which summons contained a notice that, if the defendant failed to appear and answer, the plaintiff would take a judgment against him for the sum of $408 with interest from April 26, 1899. Hpon the return day, the parties appeared and oral pleadings were interposed, the •plaintiff claiming for “ damages, personal injuries.”

Subsequently, and upon May 23, 1905, the plaintiff’s • complaint was amplified by a bill of particulars which set forth that the plaintiff was the owner of a water…

2Cases cited1 opinion

  1. Hamburger v. HellmanAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by1 opinion

  1. Bierman v. WersteinAppellate Terms of the Supreme Court of New York · 1911

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