Shenstone v. Wilson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Archibald 0. Shenstone, from an order of the Supreme Court, made at tlie Kings County Special Term and entered in the office of the clerk of the county of Kings on the 20th day of November, 1906, as amended by an order entered in said clerk’s office on the 22d day of November, 1906.
1Opinion of the Court
Hirschberg, P. J.:
I think the ordfer appealed from is reviewable and that it was improperly granted. The action was commenced by personal service of the summons on the defendant in the month of June, 1906, S,nd the time to answer expired on July 11, 1906. More than two months after the time to answer had expired, viz., on September 1Y, 1906, the defendant caused a notice of appearance to be served by his attorneys on the plaintiff’s attorneys. In this notice of appearance a demand for a copy of the complaint was included. The copy was not served, however, as the defendant was concedediy in…
2Cited by2 opinions
- Friedland v. Commonwealth Fire Insurance Co. of OttumwaAppellate Division of the Supreme Court of the State of New York · 1909
- Benson v. ManningAppellate Division of the Supreme Court of the State of New York · 1963