Steffens v. Martin
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the Municipal Court of the city of New York, borough of Bronx, first district, denying, a motion to dismiss the action, and permitting the plaintiff to amend the summons.
1Opinion of the CourtWhitaker, J.
This action was commenced by the service of a summons, dated December 8, 1916, and served on December 11, 1916. The summons was filed with the clerk on December 12, 1916. There was no indorsement upon nor was there attached to the summons any statement of the nature and substance of the cause of action, and no complaint was served or filed with the summons.
The defendant appeared specially, as provided by section 88 of the Municipal Court Code, and moved to set aside the summons and to dismiss the action for failure of the summons to have thereon such indorsement. Thereupon the plaintiff moved…
2Cases cited4 opinions
- Stuyvesant v. . WeilNew York Court of Appeals · 1901
- Hull v. Canandaigua Electric Light & RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Tucci v. RomeoAppellate Terms of the Supreme Court of New York · 1916
- Hober v. ReikertAppellate Terms of the Supreme Court of New York · 1916
3Cited by7 opinions
- Paskus, Gordon & Hyman v. PeckCivil Court of the City of New York · 1964
- Hughes v. Peerless Unit Ventilation Co.Appellate Terms of the Supreme Court of New York · 1918
- Di Palma v. QuinnAppellate Terms of the Supreme Court of New York · 1918
- Allen v. FormanCity of New York Municipal Court · 1944
- Onorati v. National Automatic Laundry & Cleaning Council, Inc.Civil Court of the City of New York · 1976
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