New York Leasing Co. v. O'Brien
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the New York Leasing Company against Mary E. O’Brien. From a judgment of the Municipal Court in favor of plaintiff, defendant appeals.
1Per curiam
The defendant appeals from a judgment rendered against her without personal service of the summons having been made, or appearance by her -in the court below. The court below based its judgment upon jurisdiction of the person claimed to have been obtained by substituted service upon the defendant. It is difficult to see how more errors could have been committed in the attempt to follow the statute in regard to substituted service than was made in this case.
By section 32 of the Municipal Court act (Laws 1902, p. 1500, c. 580) an order for substituted service of a summons upon a defendant…
2Cases cited5 opinions
- Wolter v. LiebmannAppellate Terms of the Supreme Court of New York · 1907
- Dalton v. MillsAppellate Terms of the Supreme Court of New York · 1904
- Sills v. GaffneyAppellate Terms of the Supreme Court of New York · 1905
- Duryee v. HuntAppellate Terms of the Supreme Court of New York · 1907
- Skinner v. JordanAppellate Terms of the Supreme Court of New York · 1904
3Cited by1 opinion
- Held v. BroadbeltAppellate Terms of the Supreme Court of New York · 1909