Hughes v. Peerless Unit Ventilation Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from an order of the Municipal Court of the city of New York, borough of Manhattan, ninth district, denying a motion to vacate an order for the examination of the defendant before trial.
1Opinion of the CourtPhilibin, J.
The order for the examination of the defendant before trial was obtained for the purpose of framing a complaint.
The affidavit upon which the order for the examination is based states that the summons has been issued and will be served with the order for which application is made. The summons is part of the record and has an indorsement thereon showing the nature and substance of the plaintiff’s cause of action.
In the Municipal Court an action cannot be commenced by the service of a summons alone. Steffens v. Martin, 100 Misc. Rep. 263. There must be submitted to the court a written complaint,…
2Cases cited2 opinions
- Steffens v. MartinAppellate Terms of the Supreme Court of New York · 1917
- Jerrells v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Di Palma v. QuinnAppellate Terms of the Supreme Court of New York · 1918
- Allen v. FormanCity of New York Municipal Court · 1944