Gottlieb v. Kurlander
Appellate Terms of the Supreme Court of New York
Appeal by the defendants 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 CourtGildersleeve, J.
The summons in this action was returnable on the 13th day of February, 1906, at which time, as appears by the return, the plaintiff appeared by his counsel and complained for “ balance due to commissions to plaintiff as salesman” and the defendant Kurlander answered as follows: “ Traverse return.” Two affidavits are annexed to the return, which appear to have been used in support of the defendant’s claim that the summons had never been served on him, and there is no claim made that service was ever made upon hut one of the defendants. TTpon these affidavits the action was dismissed.…
2Cases cited1 opinion
- Eisenbud v. GellertAppellate Terms of the Supreme Court of New York · 1899