Phillips v. Albert, Inc.
New York Supreme Court
Appeal by defendant from an order and decision of the Municipal Court of the city of New York, borough of Manhattan, second district, overruling the traverse of the defendant, and from the judgment thereupon entered in favor of plaintiffs.
1Per curiam
Upon the return day of the summons in this case, the defendant appeared specially and traversed the return. The case was thereupon set down for the trial of this issue. This practice was correct. In Roberts & Lewis Co. v. Dale, 74 Misc. Rep. 390, this court held that the jurisdiction of the Municipal Court could not be attacked upon a motion; that it could be raised upon a trial, and that a special appearance gives a limited jurisdiction to the court to try the issue raised by the traverse. The affidavit of the process server was, that he served the summons upon one Albert Strauss, the…
2Cases cited1 opinion
- Roberts & Lewis Co. v. DaleAppellate Terms of the Supreme Court of New York · 1911
3Cited by4 opinions
- Bernard v. RosenfieldAppellate Terms of the Supreme Court of New York · 1916
- Export Flour & Feed Co. v. A. Mishler, Inc.Appellate Terms of the Supreme Court of New York · 1915
- Kramer v. ReedAppellate Terms of the Supreme Court of New York · 1915
- Majestic Metal Bed Co. v. Mutual Furniture Co.Appellate Terms of the Supreme Court of New York · 1915