Legal Opinion
Creative Woodworking Co. v. Bohn
Civil Court of the City of New York
Decided September 23, 1964PublishedCited by 3 opinions
1Opinion of the CourtLouis I. Kaplan, J.
Paragraph (1) of subdivision (a) of section 902 of the New York City Civil Court Act provides that an indorsed complaint may be served only when the summons is served by personal delivery to the defendant in New York City and the cause of action is for money only. Service according to CPLR 308 (subd. 3) does not constitute personal delivery to the defendant. Therefore a formal complaint is required. However, the service of an indorsed complaint herein is not a jurisdictional defect but merely an amendable irregularity (see Professor Siegel’s commentary, McKinney’s Cons. Laws of N. Y, Book…
2Cases cited2 opinions
- Paskus, Gordon & Hyman v. PeckCivil Court of the City of New York · 1964
- Babylon Milk & Cream Co. v. RosenbushDistrict Court, E.D. New York · 1964
3Cited by3 opinions
- Long Island Garage Door Co. v. StaffordNassau County District Court · 1967
- Mercantile National Bank of Chicago v. WismerAppellate Terms of the Supreme Court of New York · 1965
- Onorati v. National Automatic Laundry & Cleaning Council, Inc.Civil Court of the City of New York · 1976