Birnbaum v. Katz

Appellate Terms of the Supreme Court of New York

Birnbaum v. Katz

18 Misc. 2d 243, 192 N.Y.S.2d 549, 1959 N.Y. Misc. LEXIS 3607

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 26, 1959

StatusPublished

This text of 18 Misc. 2d 243 (Birnbaum v. Katz) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Birnbaum v. Katz, 18 Misc. 2d 243, 192 N.Y.S.2d 549, 1959 N.Y. Misc. LEXIS 3607 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The order of March 13, 1959 should be affirmed, ■with $10 costs. No opinion.

The order of March 16, 1959 should be unanimously reversed on the law, with $10 costs to the defendant Katz and the matter remitted to the Municipal Court to determine on oral proof whether defendant-appellant was served with process.

Defendant-appellant is entitled to a hearing to determine whether he was served with process.

Concur — Pettb, Hart and Brown, JJ.

Order affirmed, etc.

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