Brun v. Northwestern Realty Co.
Appellate Terms of the Supreme Court of New York
Appeal from an order of the City Court of the city of Eew York, granting a motion made by the defendant for an order vacating and setting aside a judgment entered on Eovember nineteenth for default of the defendant; also setting aside the service of a summons made herein upon one William Max.
1Opinion of the CourtAmend, J.
The defendant is a corporation and the plaintiff claims service was made upon it by delivering the summons to one William Max. A previous motion to set aside the service upon said Max was denied on November 16, 1906, without prejudice to a renewal. The second application was brought on November 21, 1906, but previously, on November 17, 1906, the decision in the first motion appeared in the Law Journal, and .the order was entered November 17, 1906, and judgment entered on November 19, 1906. The affidavits used by the plaintiff in opposing the first motion were used upon the last motion. The…
2Cases cited1 opinion
- Coler v. Pittsburgh Bridge Co.New York Court of Appeals · 1895
3Cited by2 opinions
- Densel v. Atlanta Mercantile Co.Idaho Supreme Court · 1909
- Karns v. State Bank & Trust Co.Nevada Supreme Court · 1909