Tricoli v. McKenzie
Appellate Terms of the Supreme Court of New York
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
- Routenberg v. . SchweitzerNew York Court of Appeals · 1900
- Bank of Long Island v. GregoryAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Sever v. ZuccaCity of New York Municipal Court · 1919