Great Bear Spring Co. v. Tartamella

Appellate Terms of the Supreme Court of New York

Great Bear Spring Co. v. Tartamella

9 Misc. 2d 303, 172 N.Y.S.2d 179, 1957 N.Y. Misc. LEXIS 3253

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 28, 1957

StatusPublished

This text of 9 Misc. 2d 303 (Great Bear Spring Co. v. Tartamella) 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

Great Bear Spring Co. v. Tartamella, 9 Misc. 2d 303, 172 N.Y.S.2d 179, 1957 N.Y. Misc. LEXIS 3253 (N.Y. Ct. App. 1957).

Pincite

Opinion

Per Curiam.

Defendant failed to controvert any of the allegations contained in plaintiff’s affidavit. Standing undenied these allegations are sufficient and no issue is raised. Defend[304]*304ant’s opposition is limited to the claim that the person served was not, at the time, its president. This objection does not survive a general appearance. (N. Y. City Mun. Ct. Code, § 88; Civ. Prac. Act, § 237-a).

The judgment and order should be affirmed, with $10 costs.

Hofstadter, Steuer and Hecht, JJ., concur.

Judgment and order affirmed, etc.

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Per Curiam.

Defendant failed to controvert any of the allegations contained in plaintiff’s affidavit. Standing undenied these allegations are sufficient and no issue is raised. Defend[304]*304ant’s opposition is limited to the claim that the person served was not, at the time, its president. This objection does not survive a general appearance. (N. Y. City Mun. Ct. Code, § 88; Civ. Prac. Act, § 237-a).

The judgment and order should be affirmed, with $10 costs.

Hofstadter, Steuer and Hecht, JJ., concur.

Judgment and order affirmed, etc.

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Bluebook (online)

9 Misc. 2d 303, 172 N.Y.S.2d 179, 1957 N.Y. Misc. LEXIS 3253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/great-bear-spring-co-v-tartamella-nyappterm-1957.