Fosullo v. Bonjiorno

Appellate Terms of the Supreme Court of New York

Fosullo v. Bonjiorno

105 N.Y.S. 155

Appellate Terms of the Supreme Court of New York·Decided June 27, 1907·Published

Opinion

PER CURIAM.

Defendant appeals from a judgment of the Municipal Court, and hands up affidavits, copies of the same having been previously served on the plaintiff’s attorney, showing that no service > of the process was ever made upon him. The plaintiff has filed no affidavits in reply, and the allegations of the defendant contained in his affidavits must be taken as true.

Judgment reversed, with costs, and - complaint dismissed.

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PER CURIAM.

Defendant appeals from a judgment of the Municipal Court, and hands up affidavits, copies of the same having been previously served on the plaintiff’s attorney, showing that no service > of the process was ever made upon him. The plaintiff has filed no affidavits in reply, and the allegations of the defendant contained in his affidavits must be taken as true.

Judgment reversed, with costs, and - complaint dismissed.

Fosullo v. Bonjiorno, 105 N.Y.S. 155 (N.Y. Ct. App. 1907).

Pincite

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