Mendello v. Rosati

City of New York Municipal Court

Mendello v. Rosati

30 Misc. 834, 61 N.Y.S. 1102

DecidedDecember 15, 1899

StatusPublished

This text of 30 Misc. 834 (Mendello v. Rosati) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mendello v. Rosati, 30 Misc. 834, 61 N.Y.S. 1102 (N.Y. Super. Ct. 1899).

Pincite

Opinion

Per Curiam.

Under the circumstances, the order appealed from was a proper one.

It appears that after the order to show cause was signed by the Special Term justice that two affidavits were annexed thereto without the knowledge or consent of said justice, and were used upon the return day by plaintiff. It was, therefore, proper for him to-deny plaintiff’s application, to sue as a proper person.

The plaintiff may have renewed his application upon proper papers.

Order appealed from is affirmed, with costs.

Present: Fitzsimons, Ch. J., and O’Dwter, J.

Order affirmed, with costs.

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