Bonwit Teller, Inc. v. Vanderbilt

Appellate Terms of the Supreme Court of New York

Bonwit Teller, Inc. v. Vanderbilt

9 Misc. 2d 176, 164 N.Y.S.2d 185, 1957 N.Y. Misc. LEXIS 2874

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 13, 1957

StatusPublished

Cited by2 cases

This text of 9 Misc. 2d 176 (Bonwit Teller, Inc. v. Vanderbilt) 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

Bonwit Teller, Inc. v. Vanderbilt, 9 Misc. 2d 176, 164 N.Y.S.2d 185, 1957 N.Y. Misc. LEXIS 2874 (N.Y. Ct. App. 1957).

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Opinion

Per Curiam.

The levy upon which the service of process herein was based was void and ineffective since it was issued against a receiver appointed by the Supreme Court, without the permission of that court (Walling v. Miller, 108 N. Y. 173, 177). Under the circumstances, the subsequent proceedings for service of process, taken in attempted compliance with section 48 of the Municipal Court Code, were void and there was no valid service of the summons. The judgment entered thereon upon default was thus rendered without due service of process and was accordingly also void (Davidoff v. Chipornoi, 101 Misc. 291, 294; also, see, Vilas v. Vilas, 205 Misc. 988, 990, 991).

The order should be reversed and motion granted to the extent of vacating the judgment herein, with $10 costs.

Hofstadter, Steuer and Tilzer, JJ., concur.

Order reversed, etc.

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Per Curiam.

The levy upon which the service of process herein was based was void and ineffective since it was issued against a receiver appointed by the Supreme Court, without the permission of that court (Walling v. Miller, 108 N. Y. 173, 177). Under the circumstances, the subsequent proceedings for service of process, taken in attempted compliance with section 48 of the Municipal Court Code, were void and there was no valid service of the summons. The judgment entered thereon upon default was thus rendered without due service of process and was accordingly also void (Davidoff v. Chipornoi, 101 Misc. 291, 294; also, see, Vilas v. Vilas, 205 Misc. 988, 990, 991).

The order should be reversed and motion granted to the extent of vacating the judgment herein, with $10 costs.

Hofstadter, Steuer and Tilzer, JJ., concur.

Order reversed, etc.

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Bluebook (online)

9 Misc. 2d 176, 164 N.Y.S.2d 185, 1957 N.Y. Misc. LEXIS 2874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonwit-teller-inc-v-vanderbilt-nyappterm-1957.

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