Legal Opinion

Duryee v. Hunt

Appellate Terms of the Supreme Court of New York

Decided December 15, 1907PublishedCited by 2 opinions

Appeal by the defendant from a judgment and order of the Municipal Court of the city of Hew York, first district, borough of Manhattan.

1Opinion of the CourtMcCall, J.

Upon the return day of the summons in this action, the defendant appeared specially and moved to set aside the service of the summons, upon the ground that no service had been made upon him. Affidavits were presented by the defendant, in support of his contention, and also by the plaintiff in opposition, the contents of which affidavits we shall refer to hereafter. The motion was denied, and an order duly entered to that effect. The defendant not appearing further in the action, judgment was subsequently rendered by default against him. From this judgment the defendant appeals, and in his…

2Cases cited2 opinions

  1. Diehl v. SteeleAppellate Terms of the Supreme Court of New York · 1906
  2. Forman v. New York Transportation Co.Appellate Terms of the Supreme Court of New York · 1905

3Cited by2 opinions

  1. New York Leasing Co. v. O'BrienAppellate Terms of the Supreme Court of New York · 1908
  2. Paster v. MeterAppellate Terms of the Supreme Court of New York · 1907

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