National Surety Co. v. Rosenberg
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment of the County Court of Kings county, entered in the office of the clerk of said county on the 4th day of April, 1913.
1Per curiam
As the County Court acquired jurisdiction over the defendant Rosenfeld by substituted service of a summons, it had power to permit the amendment of the complaint herein by striking out the claim for interest. (Van Clief v. Van Vechten, 130 N. Y. 571.) It does not sufficiently appear whether the summons and the complaint were served at the same time, and together, upon the defendant Rosenberg. If so served, then as the demand in the complaint was greater than the jurisdiction of the County Court, no jurisdiction was acquired over said defendant. The judgment against said defendant Rosenberg…
2Cases cited1 opinion
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
3Cited by2 opinions
- Halpern v. Langrock Bros.Appellate Division of the Supreme Court of the State of New York · 1915
- Siedel v. MuehlenbrinkAppellate Division of the Supreme Court of the State of New York · 1927