Byron v. La Mura Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, La Mura Contracting Company, Inc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of February, 1918, granting plaintiff’s motion to compel acceptance by defendant’s attorneys of service of a copy of the complaint, with ten dollars costs to plaintiff, and denying defendant’s counter motion to dismiss the complaint, or if the action be not…
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Appeal by the defendant, La Mura Contracting Company, Inc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of February, 1918, granting plaintiff’s motion to compel acceptance by defendant’s attorneys of service of a copy of the complaint, with ten dollars costs to plaintiff, and denying defendant’s counter motion to dismiss the complaint, or if the action be not dismissed, that plaintiff’s proceedings be stayed until a judgment for twenty-two dollars and ninety-three cents costs in favor…
1Per curiam
The plaintiff’s attorney serving the complaint by mail, was obliged to prepay the postage, and defendant’s attorney was justified in his refusal to pay the postage due. (Code Civ. Proc. § 797, subd. 1; Appeal Printing Co. v. Sherman, 99 App. Div. 533.) The postman refused to deliver the envelope and the complaint never came into the possession of the defendant’s attorney. This occurred in May, 1917. The envelope containing the complaint was returned to plaintiff’s attorney by the post-office department on May 21, 1917. No action was taken by plaintiff to open the default or to compel…
2Cases cited5 opinions
- People ex rel. Collier v. Sheriff of BroomeNew York Supreme Court · 1838
- Appeal Printing Co. v. ShermanAppellate Division of the Supreme Court of the State of New York · 1904
- Schenck v. McKieNew York Supreme Court · 1849
- Bross v. NicholsonNew York Supreme Court · 1845
- Kuh v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Byron v. La Mura Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1919