Lazarus v. Boynton
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Hyman Lazarus against Paul Boynton. From a judgment for plaintiff, defendant appeals. Reversed.
1Opinion of the CourtFreedman, P. J.
The defendant herein, claiming that he was never served with a process in this action, and not having appeared in the lower court, either in person or by attorney, brings this appeal, and with it submits affidavits, copies of which have been served upon the respondent herein, and asks for a reversal of the judgment- entered against him.
The respondent claims that this appeal cannot lie for want of any provision therefor in the Municipal Court Act (Laws 1902, p. 1485, c. 580) that affidavits in support thereof cannot be read, as section 3057, Code Civ. Proc., has no application to municipal…
2Cases cited2 opinions
- Austen v. Columbia Lubricants Co.Appellate Terms of the Supreme Court of New York · 1903
- Hurry v. CoffinNew York Court of Common Pleas · 1882
3Cited by5 opinions
- Mears v. North American Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Canelli Wine Co. v. TassiNew York Supreme Court · 1915
- Freeman v. DemorestAppellate Terms of the Supreme Court of New York · 1908
- Waldman v. MannAppellate Terms of the Supreme Court of New York · 1906
- Taylor v. AllenAppellate Terms of the Supreme Court of New York · 1916