Manzi v. Mayer
Appellate Terms of the Supreme Court of New York
Áppela from City Court of New York, Special Term. Supplementary proceedings by Pascal Michel Manzi and another, copartners under the name of Manzi & Joyant, against Herbert E. Mayer. From an order denying defendant’s motion to vacate an order of examination, he appeals. Reversed.
1Opinion of the CourtLehman, J.
The judgment debtor appeals from an order denying his motion to vacate an order for his examination in supplementary proceedings. The order is based upon a judgment in the Municipal Court. The judgment was taken by default after substituted service of the summons. The order for substituted service was made in accordance with section 33 of the Municipal Court Act (Laws 1902, c. 580), and it contained a direction that a copy of the summons and complaint be deposited in a post office in the borough in which the defendant was last known to reside. It appears from the proof of service that the…
2Cases cited2 opinions
- Korn v. . LipmanNew York Court of Appeals · 1911
- Gay v. UlrichsAppellate Division of the Supreme Court of the State of New York · 1910