Mann v. Meryash
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan,' Thirteenth District. Action by Samuel Mann against Louis Meryash. From a judgment for plaintiff, and an order denying a motion to vacate the judgment and permit a traverse of the return of summons, defendant appeals. Appeal from the order dismissed. Judgment affirmed.
1Opinion of the CourtBruce, J.
In this case the defendant appeared specially upon the return day of the summons, and filed no answer, but handed up an affidavit, verified by the wife of the defendant, in which she testified, in substance, that she had been served with a copy of the summons in this action. The court thereupon informed the defendant’s representative that an affidavit of the defendant himself, showing that no service had ever been made upon him, should also be filed, as forming the basis for a dismissal of the action, and the court gave the defendant until 12 o’clock of that day in which to file an affidavit.…
2Cases cited2 opinions
- Austen v. Columbia Lubricants Co.Appellate Terms of the Supreme Court of New York · 1903
- Diehl v. SteeleAppellate Terms of the Supreme Court of New York · 1906
3Cited by1 opinion
- Master Navigation Co. v. Great Circle Shipping Corp.Civil Court of the City of New York · 1976