Van Mater v. Post
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Richard T. Post, 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 7th day of August, 1911, denying the defendant’s motion to vacate an order óf publication.
1Opinion of the Court
Carr, J.:
The defendant in this action is a resident of the State of New Jersey. He was served personally in that State with a copy of the summons and complaint herein, pursuant to. the provisions of an order for publication of the summons or for personal service without the State, based upon the summons, the complaint, and affidavits of the plaintiff and his attorney. The defendant has appeared specially for the purpose of moving to set aside the order for substituted service, and from an order denying his motion he now appeals.
The circumstances under which an order for the publication, or…
2Cases cited3 opinions
- Bryan v. . University Pub. Co. of N.Y.New York Court of Appeals · 1889
- Paget v. . StevensNew York Court of Appeals · 1894
- Grant v. Cobre Grande Copper Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- Rutkosky v. Public Service Railway Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Smith v. PostAppellate Division of the Supreme Court of the State of New York · 1911
- Zeitz v. CookAppellate Division of the Supreme Court of the State of New York · 1913