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Teller v. Vanderbilt

Supreme Court, Appellate Term, First Department
Jun 13, 1957
9 Misc. 2d 176 (N.Y. App. Term 1957)

Opinion

June 13, 1957

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, JOSEPH A. BOCCIA, J.

John J. Daly for appellant.

Frederick M. Wittenstein and Samuel Sidney Venitt for respondent.


The levy upon which the service of process herein was based was void and ineffective since it was issued against a receiver appointed by the Supreme Court, without the permission of that court ( Walling v. Miller, 108 N.Y. 173, 177). Under the circumstances, the subsequent proceedings for service of process, taken in attempted compliance with section 48 of the Municipal Court Code, were void and there was no valid service of the summons. The judgment entered thereon upon default was thus rendered without due service of process and was accordingly also void ( Davidoff v. Chipornoi, 101 Misc. 291, 294; also, see, Vilas v. Vilas, 205 Misc. 988, 990, 991).

The order should be reversed and motion granted to the extent of vacating the judgment herein, with $10 costs.

HOFSTADTER, STEUER and TILZER, JJ., concur.

Order reversed, etc.


Summaries of

Teller v. Vanderbilt

Supreme Court, Appellate Term, First Department
Jun 13, 1957
9 Misc. 2d 176 (N.Y. App. Term 1957)
Case details for

Teller v. Vanderbilt

Case Details

Full title:BONWIT TELLER, INC., Respondent, v. CORNELIUS VANDERBILT, JR., Appellant…

Court:Supreme Court, Appellate Term, First Department

Date published: Jun 13, 1957

Citations

9 Misc. 2d 176 (N.Y. App. Term 1957)
164 N.Y.S.2d 185

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