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Korn v. Lipman

126 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1910-12-23 English

Decision Majority — PER CURIAM. · Dissent — INGRAHAM, P. J.

Contents
p. 1134
KORN et al. v. LIPMAN et al.
(Supreme Court, Appellate Division, First Department, i
December" 23, 1910.)

Headnote

Appeal from Special Term, New York County. Action by Eisek Korn and others against Max Lipman and others. From an order denying a motion for-judgment on the pleadings, defendants appeal., Affirmed.
Gustav Lange, Jr., for appellants, r Lewis C. Grove, for respondents. (

Order affirmed, with $1<? costs and disbursements, on the authority of Gay v. Ulrichs, 136 App. Div. 809 , 121 N. Y. Supp. 726 .

I dissent, upon the ( ground that section 802 of the Code of Civil / Procedure was amended by chapter 65 of the Laws of 1909, and since that amendment section 801 applied to the service of a summons _ by mail.