Murray Hill Farms Dairy, Inc. v. Lekas

Appellate Terms of the Supreme Court of New York

Murray Hill Farms Dairy, Inc. v. Lekas

186 Misc. 246, 60 N.Y.S.2d 28, 1946 N.Y. Misc. LEXIS 1816

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 25, 1946

StatusPublished

This text of 186 Misc. 246 (Murray Hill Farms Dairy, Inc. v. Lekas) 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

Murray Hill Farms Dairy, Inc. v. Lekas, 186 Misc. 246, 60 N.Y.S.2d 28, 1946 N.Y. Misc. LEXIS 1816 (N.Y. Ct. App. 1946).

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Opinions

Memorandum Per Curiam.

The plaintiff corporation having gone out of business at 333 East 24th Street, New York City, the defendant could not be expected to know that its new address was at the home of its secretary at 41-18 50th Street, Woodside, New York City. He listed the plaintiff in his schedule of bankruptcy at the only available address he had, the last one known to him. The referee sent notice by letter, which was not returned. A denial by the plaintiff is not sufficient. It must show that the letter was not, in fact, mailed (Amster v. Mayer, 240 App. Div. 971, affd. 265 N. Y. 452).

The order dated August 31, 1945, should be reversed, with $10 costs, and motion granted.

The appeal from the order dated August 16, 1945, should be dismissed.

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Memorandum Per Curiam.

The plaintiff corporation having gone out of business at 333 East 24th Street, New York City, the defendant could not be expected to know that its new address was at the home of its secretary at 41-18 50th Street, Woodside, New York City. He listed the plaintiff in his schedule of bankruptcy at the only available address he had, the last one known to him. The referee sent notice by letter, which was not returned. A denial by the plaintiff is not sufficient. It must show that the letter was not, in fact, mailed (Amster v. Mayer, 240 App. Div. 971, affd. 265 N. Y. 452).

The order dated August 31, 1945, should be reversed, with $10 costs, and motion granted.

The appeal from the order dated August 16, 1945, should be dismissed.

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Bluebook (online)

186 Misc. 246, 60 N.Y.S.2d 28, 1946 N.Y. Misc. LEXIS 1816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-hill-farms-dairy-inc-v-lekas-nyappterm-1946.

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