Appellate Terms of the Supreme Court of New York, 1909

Newmark v. Horowitz Bros.

Newmark v. Horowitz Bros.
Appellate Terms of the Supreme Court of New York · Decided May 7, 1909
116 N.Y.S. 564 (New York Supplement)

Counsel

Nathan Burkan, for appellant., Durst, Langfur & Altman, for respondents.

Newmark v. Horowitz Bros.

Opinion of the Court

PER CURIAM.

It appears t'o be established by the affidavits, without specific contradiction, that the person served with the summons was neither a director nor an officer of defendant corporation, nor in any way authorized to accept service for the corporation, nor has the corporation appeared'in the action, except specially to have the judgment set aside.

Judgment reversed, with costs to appellant, and complaint dismissed.

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