Cohen v. Lansburger

Appellate Terms of the Supreme Court of New York

Cohen v. Lansburger

28 Misc. 2d 549, 219 N.Y.S.2d 756, 1960 N.Y. Misc. LEXIS 2247

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 3, 1960

StatusPublished

This text of 28 Misc. 2d 549 (Cohen v. Lansburger) 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

Cohen v. Lansburger, 28 Misc. 2d 549, 219 N.Y.S.2d 756, 1960 N.Y. Misc. LEXIS 2247 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

On the record presented, and in accordance with section 237-a of the Civil Practice Act, the Special Term should have directed a trial of the issue of fact whether the person with whom process had been left was a person in charge of the business in which the defendants are engaged within the State of New York. The trial before a Referee or jury shall be limited to this issue, the defendants’ special appearance being based on their objection that no service was had upon a proper party under section 229-b of the Civil Practice Act (Genovese v. Roan, 1 A D 2d 935).

The order should be modified, with $10 costs and disbursements, by directing a trial of the issue of fact whether the person with whom process had been left was in charge of the business in which the defendants are engaged within the State of New York.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Order modified, etc.

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Per Curiam.

On the record presented, and in accordance with section 237-a of the Civil Practice Act, the Special Term should have directed a trial of the issue of fact whether the person with whom process had been left was a person in charge of the business in which the defendants are engaged within the State of New York. The trial before a Referee or jury shall be limited to this issue, the defendants’ special appearance being based on their objection that no service was had upon a proper party under section 229-b of the Civil Practice Act (Genovese v. Roan, 1 A D 2d 935).

The order should be modified, with $10 costs and disbursements, by directing a trial of the issue of fact whether the person with whom process had been left was in charge of the business in which the defendants are engaged within the State of New York.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Order modified, etc.

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Bluebook (online)

28 Misc. 2d 549, 219 N.Y.S.2d 756, 1960 N.Y. Misc. LEXIS 2247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-lansburger-nyappterm-1960.