Franchised Stores of New York, Inc. v. Straile

Appellate Division of the Supreme Court of New York

Franchised Stores of New York, Inc. v. Straile

26 A.D.2d 821, 274 N.Y.S.2d 576, 1966 N.Y. App. Div. LEXIS 3419

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 10, 1966

StatusPublished

This text of 26 A.D.2d 821 (Franchised Stores of New York, Inc. v. Straile) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Franchised Stores of New York, Inc. v. Straile, 26 A.D.2d 821, 274 N.Y.S.2d 576, 1966 N.Y. App. Div. LEXIS 3419 (N.Y. Ct. App. 1966).

Pincite

Opinion

In an action to recover alleged overpayments made on a contract for the purchase of paper goods, defendant appeals from so much of an order of the Supreme Court, Westchester County, entered October 7, 1965, as denied his motion to vacate service of the summons and to dismiss the action on the ground that the summons was not personally served upon him (CPLR 320, subd. [b]; 3211, subd. [a], par. 8; 3211, subd. [e]). Order affirmed insofar as appealed from, with $10 costs and disbursements. The motion was made 22 days after the purported service and therefore was untimely (4 Weinstein-Korn-Miller, N. Y. Civ. Prac., p. 32-18). Beldock, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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

In an action to recover alleged overpayments made on a contract for the purchase of paper goods, defendant appeals from so much of an order of the Supreme Court, Westchester County, entered October 7, 1965, as denied his motion to vacate service of the summons and to dismiss the action on the ground that the summons was not personally served upon him (CPLR 320, subd. [b]; 3211, subd. [a], par. 8; 3211, subd. [e]). Order affirmed insofar as appealed from, with $10 costs and disbursements. The motion was made 22 days after the purported service and therefore was untimely (4 Weinstein-Korn-Miller, N. Y. Civ. Prac., p. 32-18). Beldock, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

26 A.D.2d 821, 274 N.Y.S.2d 576, 1966 N.Y. App. Div. LEXIS 3419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franchised-stores-of-new-york-inc-v-straile-nyappdiv-1966.