Legal Opinion

United States Cast Iron Pipe & Foundry Co. v. Hugh S. Roberts & Co.

Appellate Terms of the Supreme Court of New York

Decided March 15, 1921PublishedCited by 1 opinion

Appeal from an order of the Municipal Court of the city of New York, borough of Manhattan, ninth district, denying defendant’s motion to vacate a judgment entered on December 16, 1920, upon an order granting a motion for substituted service.

1Per curiam

On December 1, 1920, the plaintiff obtained an order for the substituted service of the *561summons in this action on the defendant, upon proof that the defendant was a domestic corporation having its principal place of business in the borough of Manhattan, city of New York, and that proper and diligent effort has been made to serve the summons upon the defendant, and that none of the persons mentioned in subdivision 3 of section 431, Code of Civil Procedure, can be found. The defendant appealed from this order and did not enter any appearance after the summons was served upon it, in accordance…

2Cases cited1 opinion

  1. Mitchell v. SchroederAppellate Terms of the Supreme Court of New York · 1916

3Cited by1 opinion

  1. Reiter v. IrvingAppellate Terms of the Supreme Court of New York · 1926

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