Davidson v. Unger
Appellate Terms of the Supreme Court of New York
Appeal frpm City Court of New York, Special Term. Action by Morris Davidson against Pincus Unger. From, an order denying defendant’s motion to set aside a judgment, on the ground that he was not served with summons, defendant appeals.
1Opinion of the CourtGerard, J.
The finding of the court below as to the service • of the summons will not be disturbed.
[1] The insertion of the provision as to punishment for contempt in case of failure to pay the costs of the reference is unauthorized, and defendant should not be punished as for a contempt if he fails to pay such costs. See Karon v. Eisen, 72 Misc. Rep. 12, 129 N. Y. Supp. 177. But as such a provision does not appear in the order appealed from, and as defendant’s time to appeal from the order of reference has expired, the question does not arise here. If defendant was not satisfied with the provisions of…
2Cases cited2 opinions
- Karon v. EisenAppellate Terms of the Supreme Court of New York · 1911
- Karon v. EisenAppellate Terms of the Supreme Court of New York · 1911