G. T. Atanasio & Co. v. Societe Les Affreteurs Reunis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The general appearance of the defendant was equivalent to personal service of the summons only as of the date upon which the notice of appearance was served. *675(See Eleventh Ward Bank v. Powers, 43 App. Div. 178.) The defendant served its answer in time, and the plaintiff wrongfully refused to accept service thereof, and wrongfully entered judgment before the time for defendant to answer had expired. Kelly, P. J., Manning, Kelby, Young and Kapper, JJ., concur.
2Cases cited1 opinion
- Eleventh Ward Bank v. PowersAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Guilford v. BrodyAppellate Division of the Supreme Court of the State of New York · 1933
- Dyksterhouse v. ParrotSouth Dakota Supreme Court · 1960
- Hastings Petroleum Corp. v. Incorporated Village of Hastings-on-HudsonAppellate Division of the Supreme Court of the State of New York · 1961