Schenkman v. Schenkman

Appellate Division of the Supreme Court of New York

Schenkman v. Schenkman

284 A.D. 1068, 137 N.Y.S.2d 628, 1954 N.Y. App. Div. LEXIS 4594

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

DecidedDecember 31, 1954

StatusPublished

Cited by5 cases

This text of 284 A.D. 1068 (Schenkman v. Schenkman) 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

Schenkman v. Schenkman, 284 A.D. 1068, 137 N.Y.S.2d 628, 1954 N.Y. App. Div. LEXIS 4594 (N.Y. Ct. App. 1954).

Pincite

Opinion

In an action for separation, defendant appeals from an order denying his motion to vacate service of the summons and complaint. After a hearing, Special Term held that (1) defendant was served with process; (2) defendant had possession of. the summons and complaint, had knowledge that he was a named defendant in the action, but induced the process server to accept its [1069]*1069return on the fraudulent representation that he was not the defendant; (3) these facts amounted to delivering the process and leaving it with defendant sufficient to constitute effective service. Order affirmed, with $10 costs and disbursements. Ho opinion. Holán, P. J., Wenzel, MacCrate, Schmidt and Beldoek, JJ., concur. [206 Misc. 660.]

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In an action for separation, defendant appeals from an order denying his motion to vacate service of the summons and complaint. After a hearing, Special Term held that (1) defendant was served with process; (2) defendant had possession of. the summons and complaint, had knowledge that he was a named defendant in the action, but induced the process server to accept its [1069]*1069return on the fraudulent representation that he was not the defendant; (3) these facts amounted to delivering the process and leaving it with defendant sufficient to constitute effective service. Order affirmed, with $10 costs and disbursements. Ho opinion. Holán, P. J., Wenzel, MacCrate, Schmidt and Beldoek, JJ., concur. [206 Misc. 660.]

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Bluebook (online)

284 A.D. 1068, 137 N.Y.S.2d 628, 1954 N.Y. App. Div. LEXIS 4594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schenkman-v-schenkman-nyappdiv-1954.

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