Elliott v. Kennedy
New York Supreme Court
This was a motion to set aside an inquest and subsequent proceedings upon the following facts : The plaintiff’s attorney resides at Croton Falls, in Westchester county, and the office of the defendant’s attorney, to which notices to him were directed to be sent, is in the city of Brooklyn. There is a regular communication by mail between those places daily, except on Sunday.
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This was a motion to set aside an inquest and subsequent proceedings upon the following facts : The plaintiff’s attorney resides at Croton Falls, in Westchester county, and the office of the defendant’s attorney, to which notices to him were directed to be sent, is in the city of Brooklyn. There is a regular communication by mail between those places daily, except on Sunday. On the afternoon of Saturday, the 10th day of October last, but after the usual and regular time for closing the mail at that season of the year, and after the mail on that day had in fact been closed, the plaintiff’s…
1Opinion of the Court
Lott, Justice.
I was strongly impressed on the argument of the motion that the proceedings of the plaintiff were irregular. Subsequent examination has, however, led me to a different conclusion.
Notices and other papers in an action may be served, in a case like the present by mail (Code, § 408, and 410), and when so made the paper must be deposited in the post-office properly addressed, and the service thereof “ shall be double the time required in case of personal service, except service of notice of trial, which may be made six*424teen days before the day of trial, including the day of service.”…
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- Jackson & Perkins Co. v. Rose Fair, Inc.Appellate Division of the Supreme Court of the State of New York · 1951
- Desroches v. CaronNew York Supreme Court · 1958
- In re the Probate of the Last Will & Testament of RowleyNew York Surrogate's Court · 1921
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