Legal Opinion
Marcus v. Day
City of New York Municipal Court
Decided February 18, 1931PublishedCited by 1 opinion
1Opinion of the CourtEvans, J.
This is a motion to vacate the summons, which was served under section 52 of the Vehicle and Traffic Law, and to dismiss the complaint, for lack of jurisdiction. The service was made upon the Secretary of State, at his Albany office, by mail. Plaintiff mailed a copy of the summons and complaint to the defendant, in New Jersey, as provided by the statute.
This court, being territorially limited in jurisdiction to the city of New York (American Historical Society v. Glenn, 248 N. Y. 445), it is said, has no jurisdiction. The basis for the lack of jurisdiction is founded upon the notion that the…
2Cases cited5 opinions
- American Historical Society, Inc. v. GlennNew York Court of Appeals · 1928
- Bessan v. Public Service Co-ordinated TransportCity of New York Municipal Court · 1929
- Heihs v. ReinbergAppellate Terms of the Supreme Court of New York · 1930
- Bischoff v. Wm. Schnepp, Inc.City of New York Municipal Court · 1930
- Osterhoudt v. HorowitzCity of New York Municipal Court · 1930
3Cited by1 opinion
- Stoibor v. MarinacciAppellate Terms of the Supreme Court of New York · 1931