Conroy v. Bigg
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fourth District. Actions by James Conroy, father and son, against Ottilie Bigg, for personal injuries sustained by the son. From judgments of dismissal and costs, plaintiffs appeal. Reversed in each case, and new trial ordered.
1Opinion of the CourtGildersleeve, P. J.
The summons in the two' above-entitled actions were issued the same day, and made returnable upon the same day at the same hour. Upon an affidavit in due form to the effect that *915service could not be made upon the defendant, an alias summons was issued in each case, dated on the same day, and returnable upon the same day and hour. Attached to the summons in each action were verified complaints. The process server made an affidavit, which appears upon the back of the alias summons, that personal service of the summons was made in each case upon the defendant at the same time and place. Upon the…
2Cases cited2 opinions
- Mayerson v. CohenAppellate Division of the Supreme Court of the State of New York · 1908
- Goodfriend v. RobinsAppellate Terms of the Supreme Court of New York · 1905
3Cited by1 opinion
- In re the Estate of RomaniwNew York Surrogate's Court · 1937