Haber v. Gingold

The issues raised upon this motion present a novel question of practice in this court, as well as this State.

The defendants move to strike the case from the calendar by reason of alleged defective service of the plaintiff’s notice of trial herein. The notice of trial herein was served by mail on March 27, 1939, returnable April 3, 1939; both parties appearing by attorneys.

The pertinent sections upon this motion to be considered are sections 15 and 95 of the New York City Municipal Court Code and section 164 of the Civil Practice Act in conjunction with rule 150 of the Rules of Civil Practice.

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