Legal Opinion
Petker v. Rudolph
New York Supreme Court
Decided June 23, 1938PublishedCited by 5 opinions
1Opinion of the CourtNoonan, J.
The defendant moves to dismiss the complaint on the ground that the court never acquired jurisdiction over the person of the defendant. The basic reason for the motion is that at the time of the service of the summons and complaint the defendant was an infant over fourteen years of age and service upon her was not made in the manner prescribed by subdivision 1 of section 225 of the Civil Practice Act.
The action is one by a wife and husband to recover damages for personal injuries and for medical expenses and loss of services caused by the negligence of the defendant in the operation of an…
2Cases cited6 opinions
- Henderson v. HendersonNew York Court of Appeals · 1928
- Brown v. . NicholsNew York Court of Appeals · 1870
- Denton v. NoyesNew York Supreme Court · 1810
- Amusement Securities Corp. v. Academy Pictures Distributing Corp.Appellate Division of the Supreme Court of the State of New York · 1937
- Dyker Heights Home for Blind Children, Inc. v. StolitzkyAppellate Division of the Supreme Court of the State of New York · 1937
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3Cited by5 opinions
- O'CONNOR v. Western Freight AssociationDistrict Court, S.D. New York · 1962
- Forbell v. ForbellAppellate Division of the Supreme Court of the State of New York · 1948
- In re the Estate of HamiltonNew York Surrogate's Court · 1974
- Greenberg v. SchilbCity of New York Municipal Court · 1947
- Richardson v. GibsonNew York Family Court · 1981