Gursky v. Blair
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frank W. Blair and others, as receivers, etc., appearing specially, from two orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of August, 1914, denying their motions to set aside the service of the summons and complaint attempted to be made upon them in this action.
1Opinion of the Court
McLaughlin, J.:
The defendants are receivers of the Pere Marquette Railroad Company, a Michigan corporation, in which State they reside. Copies of the summons and complaint were served upon William L. Marcy in the city of Buffalo, 1ST. Y., and upon Edward B. Johns in the city of New York. The defendants appeared specially and moved to set aside the service. The motions were denied and they appeal.
I am of the opinion the motions should have been granted. No affidavits were submitted in opposition to the motions and there is nothing in the moving papers to show that Marcy or Johns, when the…
2Cases cited1 opinion
- Jacobs v. BlairAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by1 opinion
- Gursky v. BlairAppellate Division of the Supreme Court of the State of New York · 1915