Salerno v. New York Central Railroad

Appellate Division of the Supreme Court of New York

Salerno v. New York Central Railroad

13 A.D.2d 898, 215 N.Y.S.2d 285, 1961 N.Y. App. Div. LEXIS 10808

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 18, 1961

StatusPublished

This text of 13 A.D.2d 898 (Salerno v. New York Central Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Salerno v. New York Central Railroad, 13 A.D.2d 898, 215 N.Y.S.2d 285, 1961 N.Y. App. Div. LEXIS 10808 (N.Y. Ct. App. 1961).

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Opinion

Order unanimously reversed, with $25 costs and disbursements and defendant’s motion denied, without costs, and, in the exercise of discretion, defendant permitted to allege in its answer that it is not a person subject to the jurisdiction of the court within the meaning of section 237-a of the Civil Practice Act. In the exercise of discretion this relief should have been granted. (See Grunder v. Premier Ind. Corp., 12 A D 2d 998.) (Appeal from order of Monroe Special Term setting aside the service of the summons and complaint on the Pacific Fruit Express Company.) Present — Williams, P. J., Bastow, Halpern, McClusky and Henry, JJ.

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Order unanimously reversed, with $25 costs and disbursements and defendant’s motion denied, without costs, and, in the exercise of discretion, defendant permitted to allege in its answer that it is not a person subject to the jurisdiction of the court within the meaning of section 237-a of the Civil Practice Act. In the exercise of discretion this relief should have been granted. (See Grunder v. Premier Ind. Corp., 12 A D 2d 998.) (Appeal from order of Monroe Special Term setting aside the service of the summons and complaint on the Pacific Fruit Express Company.) Present — Williams, P. J., Bastow, Halpern, McClusky and Henry, JJ.

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Bluebook (online)

13 A.D.2d 898, 215 N.Y.S.2d 285, 1961 N.Y. App. Div. LEXIS 10808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salerno-v-new-york-central-railroad-nyappdiv-1961.