Majestic Silk Mills, Inc. v. Wenrich

Appellate Terms of the Supreme Court of New York

Majestic Silk Mills, Inc. v. Wenrich

156 Misc. 215, 281 N.Y.S. 444, 1935 N.Y. Misc. LEXIS 1319

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 9, 1935

StatusPublished

This text of 156 Misc. 215 (Majestic Silk Mills, Inc. v. Wenrich) 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

Majestic Silk Mills, Inc. v. Wenrich, 156 Misc. 215, 281 N.Y.S. 444, 1935 N.Y. Misc. LEXIS 1319 (N.Y. Ct. App. 1935).

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Opinion

Per Curiam.

Plaintiff obtained a warrant of attachment against the defendants on the ground that they were non-residents. Personal service was made on one of the defendants outside of the State of New York. Such service is improper and was not authorized -by either section 15 or 21 of the Municipal Court Code, as amended. (Long Island Machinery & Equipment Co., Inc., v. Jacobs, 155 Misc. 794; Mayefsky v. Davis, 139 id. 506; Weil, Inc., v. Popper, 143 id. 684.) The denial of the defendants’ motion to vacate the service was error.

Order reversed, with ten dollars costs, and motion granted, with ten dollars costs. .

All concur; present, Callahan, Frankenthaler and Shientag, JJ.

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Per Curiam.

Plaintiff obtained a warrant of attachment against the defendants on the ground that they were non-residents. Personal service was made on one of the defendants outside of the State of New York. Such service is improper and was not authorized -by either section 15 or 21 of the Municipal Court Code, as amended. (Long Island Machinery & Equipment Co., Inc., v. Jacobs, 155 Misc. 794; Mayefsky v. Davis, 139 id. 506; Weil, Inc., v. Popper, 143 id. 684.) The denial of the defendants’ motion to vacate the service was error.

Order reversed, with ten dollars costs, and motion granted, with ten dollars costs. .

All concur; present, Callahan, Frankenthaler and Shientag, JJ.

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Bluebook (online)

156 Misc. 215, 281 N.Y.S. 444, 1935 N.Y. Misc. LEXIS 1319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/majestic-silk-mills-inc-v-wenrich-nyappterm-1935.

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