Legal Opinion

Heller v. Levinson

Appellate Division of the Supreme Court of the State of New York

Decided March 12, 1915PublishedCited by 7 opinions

Appeal by the plaintiff, Hyman Heller, from an order 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 17th day of December, 1914, confirming the report of a referee and vacating a judgment herein.

1Opinion of the Court

Hotchkiss, J.:

A judgment having been taken herein by default, the defendant moved to set it aside and open his default on the ground that the summons and complaint had never been served upon him. The court appointed a referee to take testimony and report his conclusions. From the order confirming said report this appeal is taken.

The alleged service was made by a person who testified that he knew the defendant and that the circumstances of the service were as follows : “I says, ‘How are you Mr. Levinson,’' and he says, ‘All right,’ and I says, ‘I got a little paper for you.’ And he said, ‘I…

2Cases cited1 opinion

  1. Hiller v. . B. and M.R.R.R. Co.New York Court of Appeals · 1877

3Cited by7 opinions

  1. Levine v. National Transportation Co.New York Supreme Court · 1953
  2. Dale v. HahnCourt of Appeals for the Second Circuit · 1973
  3. Roth v. W. T. Cowan, Inc.District Court, E.D. New York · 1951
  4. In re BarbaraNew York Supreme Court · 1958
  5. Bertha G. v. Paul T.New York City Family Court · 1986

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