Schwartz v. Schwartz
New York Supreme Court
Service by publication.
1Opinion of the CourtHendrick, J.
The summons, etc., herein were ordered served by publication in newspapers and (following the language of Code Civ. Pro. § 440) by deposit in a “ post office, branch post office or post office station.” They were deposited in a mail box in No. 280 Broadway (affidavit of service). When the statute, which has since been several times amended, provided that deposit, when not dispensed with alto*445gether, should be in a “ specified ” post office, and an order thereunder specified the general post office of New York city, the Court of Appeals held in Korn v. Lipman, 201 N. Y. 404 (1911), that deposit…
2Cases cited8 opinions
- Benner v. Atlantic Dredging Co.New York Court of Appeals · 1892
- Chase v. . LordNew York Court of Appeals · 1879
- Clark v. VorceNew York Supreme Court · 1836
- Korn v. . LipmanNew York Court of Appeals · 1911
- Williams v. . SargeantNew York Court of Appeals · 1871
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3Cited by2 opinions
- Jessewich v. AbbeneCity of New York Municipal Court · 1935
- B. Berman, Inc. v. American Fruit Distributing Co. of CaliforniaNew York Supreme Court · 1921