Barnet Weinstein & Sons, Inc. v. Glen Head Iron Works

Appellate Division of the Supreme Court of New York

Barnet Weinstein & Sons, Inc. v. Glen Head Iron Works

236 A.D. 698

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1931

StatusPublished

This text of 236 A.D. 698 (Barnet Weinstein & Sons, Inc. v. Glen Head Iron Works) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnet Weinstein & Sons, Inc. v. Glen Head Iron Works, 236 A.D. 698 (N.Y. Ct. App. 1931).

Pincite

Opinion

Order denying defendants’ motion to vacate judgment and service of summonses upon which it is based reversed on the law and the facts, without costs, and the matter remitted to Special Term in order that a hearing may be had by the justice there presiding, or by an official referee to whom the matter may be referred, to determine the question of fact as to whether these defendants were served with process on October 20, 1931. The usual practice of determining a disputed question of fact with reference to service of process should have been followed herein; that practice requires a hearing of the witnesses and the affording of an opportunity to cross-examine them. Appeal from order denying motion for reargument dismissed. Lazansky, P. J., Young, Carswell, Scudder and Tompkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order denying defendants’ motion to vacate judgment and service of summonses upon which it is based reversed on the law and the facts, without costs, and the matter remitted to Special Term in order that a hearing may be had by the justice there presiding, or by an official referee to whom the matter may be referred, to determine the question of fact as to whether these defendants were served with process on October 20, 1931. The usual practice of determining a disputed question of fact with reference to service of process should have been followed herein; that practice requires a hearing of the witnesses and the affording of an opportunity to cross-examine them. Appeal from order denying motion for reargument dismissed. Lazansky, P. J., Young, Carswell, Scudder and Tompkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

236 A.D. 698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnet-weinstein-sons-inc-v-glen-head-iron-works-nyappdiv-1931.