Appellate Terms of the Supreme Court of New York, 1926

Doctors Service Corps, Inc. v. Robbins

Appellate Terms of the Supreme Court of New York · Decided February 5, 1926

126 Misc. 587; 214 N.Y.S. 199; 1926 N.Y. Misc. LEXIS 616

Counsel

Harry Levin, for the appellant., Morris P. Schaffer, for the respondent.

Opinion of the Court

Per Curiam.

The defendant was never served with a summons in this action. All the proceedings subsequent to the judgment and based thereon were, therefore, void. Order appealed from *588reversed, with ten dollars costs and disbursements, and motion to vacate the two orders for the examination of the United National Bank as a third party in proceedings supplementary to execution is granted, with ten dollars costs.

All concur; present, Bijur, Delehanty and Wagner, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.