Rabinowitz v. Automem, Inc.

City of New York Municipal Court

Rabinowitz v. Automem, Inc.

188 Misc. 652, 71 N.Y.S.2d 8, 1947 N.Y. Misc. LEXIS 2493

DecidedFebruary 17, 1947

StatusPublished

This text of 188 Misc. 652 (Rabinowitz v. Automem, Inc.) 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

Rabinowitz v. Automem, Inc., 188 Misc. 652, 71 N.Y.S.2d 8, 1947 N.Y. Misc. LEXIS 2493 (N.Y. Super. Ct. 1947).

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Opinion

Byrnes, Ch. J.

Motion for summary judgment is denied with leave to renew. It appears that but six days ’ notice of motion by mail was given. Section 164 of the Civil Practice Act, and subdivision 4 of section 29 of the Hew York City Court Act (L. 1926, ch. 539), read together, require seven days’ notice of motion if notice of motion be served by mail. A motion for summary judgment if personally served requires at least four days’ notice. (See Aronstam v. Scientific Utilities Co., 196 N. Y. S. 306, affd. 206 App. Div. 657.)

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Byrnes, Ch. J.

Motion for summary judgment is denied with leave to renew. It appears that but six days ’ notice of motion by mail was given. Section 164 of the Civil Practice Act, and subdivision 4 of section 29 of the Hew York City Court Act (L. 1926, ch. 539), read together, require seven days’ notice of motion if notice of motion be served by mail. A motion for summary judgment if personally served requires at least four days’ notice. (See Aronstam v. Scientific Utilities Co., 196 N. Y. S. 306, affd. 206 App. Div. 657.)

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Bluebook (online)

188 Misc. 652, 71 N.Y.S.2d 8, 1947 N.Y. Misc. LEXIS 2493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rabinowitz-v-automem-inc-nynyccityct-1947.

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