Appellate Terms of the Supreme Court of New York, 1957

Great Bear Spring Co. v. Tartamella

Appellate Terms of the Supreme Court of New York · Decided March 28, 1957

9 Misc. 2d 303; 172 N.Y.S.2d 179; 1957 N.Y. Misc. LEXIS 3253

Counsel

Louis P. Goldberg for appellant., Jay Genzer for respondent.

Opinion of the Court

Per Curiam.

Defendant failed to controvert any of the allegations contained in plaintiff’s affidavit. Standing undenied these allegations are sufficient and no issue is raised. Defend*304ant’s opposition is limited to the claim that the person served was not, at the time, its president. This objection does not survive a general appearance. (N. Y. City Mun. Ct. Code, § 88; Civ. Prac. Act, § 237-a).

The judgment and order should be affirmed, with $10 costs.

Hofstadter, Steuer and Hecht, JJ., concur.

Judgment and order affirmed, etc.

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