Dickinson v. Pierce

Appellate Terms of the Supreme Court of New York

Dickinson v. Pierce

23 Misc. 2d 941, 206 N.Y.S.2d 348, 1960 N.Y. Misc. LEXIS 3700

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 29, 1960

StatusPublished

This text of 23 Misc. 2d 941 (Dickinson v. Pierce) 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

Dickinson v. Pierce, 23 Misc. 2d 941, 206 N.Y.S.2d 348, 1960 N.Y. Misc. LEXIS 3700 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

The conflicting assertions in the affidavits submitted by the parties on the motion on the question of service should not have been resolved without a hearing. (Krantz v. Salvio, 283 App. Div. 965; Raynor v. Steinfield, 261 App. Div. 929; Gaines v. Bryant Park Bldg., 28 N. Y. S. 2d 215, motion for leave to appeal to the Appellate Division denied 263 App. Div. 876.)

The orders should be unanimously reversed and matter remitted to the Municipal Court for disposition after determining on oral proof whether tenant was served with process.

Concur — Hart, Di Giovanna and Brown, JJ.

Orders reversed, etc.

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