Legal Opinion

Averbuck v. Hochlick

New York Supreme Court

Decided May 15, 1909PublishedCited by 4 opinions

Appeal by the plaintiff from two judgments and orders of the Municipal Court of the city of New York, eighth district, borough of Manhattan.

1Per curiam

Plaintiff brought two actions against a person named in the summons as “Benjamin” Hochlick, the name “ Benjamin ” being declared to be fictitious. Hpon the return day of the summons, the defendant appeared specially and averred that no service of the summons had ever been made upon him, and the ease was adjourned, ' Upon the *328adjourned day, th© defendant again appeared and the trial justice took proof upon the question of service and, upon the testimony offered, decided that the defendant had never been served with a summons in either action. He thereupon gave a judgment in favor of the…

2Cases cited1 opinion

  1. Matter of City of BrooklynNew York Court of Appeals · 1895

3Cited by4 opinions

  1. In re the Judicial Settlement of the Account of ClarkNew York Supreme Court · 1930
  2. People v. McDermott Dairy Co.Appellate Terms of the Supreme Court of New York · 1915
  3. Realty & Commercial Co. v. WinterAppellate Terms of the Supreme Court of New York · 1915
  4. Altneu v. WoolmanAppellate Terms of the Supreme Court of New York · 1911

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