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Harris v. Spader

2 N.Y. City Ct. Rep. 147 Court City Court. English

Delivered by McAdam, Ch. J.

Contents

Majority

p. 147
City Court.
Special Term
May, 1885.
HARRIS v. SPADER.

Headnote

Where a notice of appearance is served by an individual as attorney for defendant and a notice of motion is subsequently served in a firm name, without first entering an order of substitution, the service is irregular.

Every pleading or notice must be subscribed by the attorney of record (Code, § 421), and to make a substitution effective, an order should be entered and notice given (Bliss Code, vol. 1, p. 89, note,/). Where a notice of appearance is served by an individual, as attorney for the defendant, and a notice of motion is subsequently served in a firm name, without first entering an order of substitution, the notice is irregular, and the objection to it on that ground is fatal.

Motion dismissed.