Silverstein v. Emblem Realty Co.

Appellate Terms of the Supreme Court of New York

Silverstein v. Emblem Realty Co.

128 N.Y.S. 655

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 8, 1911

StatusPublished

This text of 128 N.Y.S. 655 (Silverstein v. Emblem Realty Co.) 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

Silverstein v. Emblem Realty Co., 128 N.Y.S. 655 (N.Y. Ct. App. 1911).

Pincite

Opinion

BIJUR, J.

This appeal is taken under section 311 of the Municipal Court act on affidavits, and the sole question presented is whether or not the defendant was served with a summons in the action.

It appears to be undisputed that the person served, while at one time an officer of the defendant corporation, was not such at the time of service, and that the only two officers of the corporation at that time were not served.

The judgment must therefore be reversed, and the complaint dismissed, with costs to appellant. All concur.

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BIJUR, J.

This appeal is taken under section 311 of the Municipal Court act on affidavits, and the sole question presented is whether or not the defendant was served with a summons in the action.

It appears to be undisputed that the person served, while at one time an officer of the defendant corporation, was not such at the time of service, and that the only two officers of the corporation at that time were not served.

The judgment must therefore be reversed, and the complaint dismissed, with costs to appellant. All concur.

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Bluebook (online)

128 N.Y.S. 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silverstein-v-emblem-realty-co-nyappterm-1911.