Lackomowitz v. Bates — 153 N.Y.S. 1123

Majority

p. 1123

LACKOMOWITZ, Appellant, v. BATES et al., Respondents.

(Supreme Court, Appellate Division, Second Department.

May 28, 1915.)

Headnote

Action by David Lackomowitz against Jerome E. Bates and Leonard W. Bates, copartners, etc., and Daniel McOonigle, as City Marshal.

The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as" follows: Judgment and order, in so far as they affect defendant McConigle, affirmed, without costs; in so far as they affect the defendants Bates, reversed, and new trial granted, with costs against appellants Bates to abide the event. See section 507, Code of Civil Procedure ; Ferguson v. Crawford, 70 N. Y. 253 , 26 Am. Rep. 589 ; Sinnott v. Hanan, 156 App. Div. 323 , 141 N. Y. Supp. 505 . There is no pleading nor proof which makes it proper for us to pass upon the effect of a motion asserted to have been made in the Municipal Court to set aside the judgment on the ground that the defendant in that action was not served with summons; therefore that question is left undetermined by this appeal.

Cases cited

Ferguson v. Crawford 70 N. Y. 253 N.Y. 1877-09-18 p. 1123
Sinnott v. Hanan 156 App. Div. 323 N.Y. App. Div. 1913-04-18 p. 1123