Hyperlawhypertext legal database Great Bear Spring Co. v. Tartamella 9 Misc. 2d 303

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Great Bear Spring Co. v. Tartamella

9 Misc. 2d 303 Court Supreme Court, Appellate Term, First Department, Decision date 1957-03-28 English

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p. 303
Great Bear Spring Company, Respondent, v. John Tartamella, as President of Barbers & Beauty Culturists Union of America, an Unincorporated Association, Appellant.
Supreme Court, Appellate Term, First Department,
March 28, 1957.
Louis P. Goldberg for appellant.
Jay Genzer for respondent.

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

p. 304
ant’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.