Appellate Division of the Supreme Court of New York, 1903

Goldberg v. London

Goldberg v. London
Appellate Division of the Supreme Court of New York · Decided February 20, 1903 · Brunt
80 N.Y.S. 1136 (New York Supplement)
Goldberg v. London

Dissenting Opinion

VAN BRUNT, P. J.

I dissent. I think that the order appealed from should be reversed on the ground that the court could never acquire jurisdiction by the service of a summons of the character of the one in the case at bar, notwithstanding the decisions to the contrary.

Opinion of the Court

PER CURIAM.

The order appealed from should be modified by striking out the provision awarding costs to the plaintiff, and granting the motion upon the payment of $10 costs by the plaintiff to the defendants, and as thus modified affirmed, with costs to the appellants.

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