Legal Opinion

Lawrence v. Bernstein

Appellate Terms of the Supreme Court of New York

Decided March 15, 1905PublishedCited by 1 opinion

Appeal by the defendant from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of New York, eleventh district, borough of Manhattan.

1Opinion of the CourtO’Gorman, J.

The objections urged by the appellant herein are not sufficient to invalidate the judgment. The failure to state in the affidavit upon which an order for substituted service of the summons was granted, that no previous application for such an order had been made was an irregularity merely and refusal of the trial justice to dismiss the complaint upon that ground does not constitute reversible error. Skinner v. Steele, 88 Hun, 307; Matter of National Gramophone Corp., 82 App. Div. 593; Pratt v. Bray, 10 Misc. Rep. 445. Neither is the fact that an alias summons only was served upon the…

2Cases cited3 opinions

  1. Skinner v. SteeleNew York Supreme Court · 1895
  2. In re National Gramophone Corp.Appellate Division of the Supreme Court of the State of New York · 1903
  3. Pratt v. BraySuperior Court of Buffalo · 1894

3Cited by1 opinion

  1. Schmidt v. SchmidtMontana Supreme Court · 1939

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