Appellate Terms of the Supreme Court of New York, 1959

Birnbaum v. Katz

Appellate Terms of the Supreme Court of New York · Decided May 26, 1959 · Brown, Hart, Pettb

18 Misc. 2d 243; 192 N.Y.S.2d 549; 1959 N.Y. Misc. LEXIS 3607

Counsel

Peter Rosenberg for appellants., Mildred B. Lesser for respondent.

Opinion of the Court

Per Curiam.

The order of March 13, 1959 should be affirmed, ■with $10 costs. No opinion.

The order of March 16, 1959 should be unanimously reversed on the law, with $10 costs to the defendant Katz and the matter remitted to the Municipal Court to determine on oral proof whether defendant-appellant was served with process.

Defendant-appellant is entitled to a hearing to determine whether he was served with process.

Concur — Pettb, Hart and Brown, JJ.

Order affirmed, etc.

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