Newmark v. Horowitz Bros.

Appellate Terms of the Supreme Court of New York

Newmark v. Horowitz Bros.

116 N.Y.S. 564

Appellate Terms of the Supreme Court of New York·Decided May 7, 1909·Published

Opinion

PER CURIAM.

It appears t'o be established by the affidavits, without specific contradiction, that the person served with the summons was neither a director nor an officer of defendant corporation, nor in any way authorized to accept service for the corporation, nor has the corporation appeared'in the action, except specially to have the judgment set aside.

Judgment reversed, with costs to appellant, and complaint dismissed.

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PER CURIAM.

It appears t'o be established by the affidavits, without specific contradiction, that the person served with the summons was neither a director nor an officer of defendant corporation, nor in any way authorized to accept service for the corporation, nor has the corporation appeared'in the action, except specially to have the judgment set aside.

Judgment reversed, with costs to appellant, and complaint dismissed.

Newmark v. Horowitz Bros., 116 N.Y.S. 564 (N.Y. Ct. App. 1909).

Pincite

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