Sills v. Gaffney
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment entered in the Municipal Court of the city of Mew York, third district, borough of Manhattan, from an order denying defendant’s motion to vacate and set aside an order directing substituted service of the summons herein and from the order denying the defendant’s motion to vacate and set aside the said judgment.
1Opinion of the CourtGreenbaum, J.
The fact seems to be undisputed that the order for substituted service of the summons upon the defendant and the papers upon which it was granted were not 'filed until the 9th day of January, 1905, the day before the return day (tenth) of the summons.
The language of section 34 of the Municipal Court Act *367is that: “ The order, and the papers upon which it (referring to an order for substituted service) was granted, must be filed, and the service must be made, not less than six days before the return day of the summons; otherwise the order becomes inoperative.”
The clear and unmistakable meaning…
2Cases cited1 opinion
- Dalton v. MillsAppellate Terms of the Supreme Court of New York · 1904
3Cited by3 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
- Held v. BroadbeltAppellate Terms of the Supreme Court of New York · 1909