Muslusky v. . Lehigh Valley Coal Co.
New York Court of Appeals
Appeal from a judgment, entered November 29, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of Special Term denying a motion for an order, under section 480 of the Code of Civil Procedure, dismissing the complaint for failure to serve a copy thereof after a demand therefor had been served pursuant to section 479 of said Code, and granted said motion.
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Appeal from a judgment, entered November 29, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of Special Term denying a motion for an order, under section 480 of the Code of Civil Procedure, dismissing the complaint for failure to serve a copy thereof after a demand therefor had been served pursuant to section 479 of said Code, and granted said motion. The facts, so far as material, are stated in the opinion. The Code of Civil Procedure does not authorize a demand for the service of a complaint without a general…
1Opinion of the CourtPound, J.
The summons was delivered to the assistant secretary of defendant. Defendant, by its attorneys, served a notice of special appearance which contained a demand for a copy of the complaint. The special appearance was stated in the notice to be for the sole purpose of obtaining such copy “ in order that defendant may be advised of the nature of the alleged cause of action sued upon and may thereafter take such objections to the jurisdiction of this court as it may be advised.” No copy óf the complaint was served. When the time for the plaintiff to serve the same expired, defendant moved to…
2Cases cited8 opinions
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Merchants Heat & Light Co. v. J. B. Clow & SonsSupreme Court of the United States · 1907
- Davis v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of the United States · 1910
- Big Vein Coal Co. of W. Va. v. ReadSupreme Court of the United States · 1913
- Toledo Railways & Light Co. v. HillSupreme Court of the United States · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Henderson v. HendersonNew York Court of Appeals · 1928
- McMullen v. ArnoneAppellate Division of the Supreme Court of the State of New York · 1981
- Citizens Trust Co. v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- In re the Estate of SmithNew York Surrogate's Court · 1940
- Montgomery v. East Ridgelawn CemeteryNew York Supreme Court · 1943
29 more not listed; retrieve them via the Exa API.