Mooney v. McGuirk
Appellate Terms of the Supreme Court of New York
Appear from final order in summary proceedings, entered "in'the Municipal Court of the city of Hew York, tenth district, borough- of Manhattan; also from an order denying the tenant’s motion to open his default.
1Opinion of the CourtO’Gorman, J.
The validity of the final order is assailed by reason of the omission in the record of a certificate showing that the person who served the precept was duly authorized so to do by the justice. The objection, however, is not well taken. In such a case it will be presumed, where the contrary does not appear, that the justice gave the requisite authority to the process server. Hess v. Smith, 16 Misc. Rep. 55. The order, therefore, cannot be impeached for want of jurisdiction.
The justice erred, however, in assuming that the court was without power to entertain the tenant’s motion to open the…
2Cases cited4 opinions
- Cochran v. ReichAppellate Terms of the Supreme Court of New York · 1897
- Boyd v. MiloneAppellate Terms of the Supreme Court of New York · 1898
- Hess v. SmithAppellate Terms of the Supreme Court of New York · 1896
- Sinsheimer v. New York Central & Hudson River RailroadAppellate Terms of the Supreme Court of New York · 1897