Legal Opinion

Tricoli v. McKenzie

Appellate Terms of the Supreme Court of New York

Decided May 24, 1910PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, First District. Action by Onorio Tricoli against William McKenzie and another. From a default judgment for plaintiff, defendants appeal, for the purpose of vacating an order for substituted service.

1Opinion of the CourtPage, J.

The action was brought to recover damages upon a contract for employment as a butler. The defendant asserts, as the sole reason for asking to have the order set aside, that the papers on which , the motion was granted are insufficient, for four reasons set forth categorically in respondent’s brief. The first three reasons are clearly inconsequential, if the fourth is unsound; that is, if the contention that defendant has no place of business in New York is not true.

I think that the moving affidavits and the affidavits of plaintiff’s attorney, read on the motion below to set aside the default,…

2Cases cited2 opinions

  1. Routenberg v. . SchweitzerNew York Court of Appeals · 1900
  2. Bank of Long Island v. GregoryAppellate Division of the Supreme Court of the State of New York · 1909

3Cited by1 opinion

  1. Sever v. ZuccaCity of New York Municipal Court · 1919

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