From Casetext: Smarter Legal Research

Dineen v. Myers

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1951
278 App. Div. 658 (N.Y. App. Div. 1951)

Opinion

February 13, 1951.


Appeal from an order which granted a motion by the respondent to vacate, as against him, a deficiency judgment entered in a foreclosure action, on the ground that service of the summons and complaint had not been made upon him. Order reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, without costs. The evidence on behalf of respondent did not overcome the presumption that there was due service of process. On this record we find that the summons and complaint were served upon respondent. Nolan, P.J., Carswell, Adel, Sneed and MacCrate, JJ., concur.


Summaries of

Dineen v. Myers

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1951
278 App. Div. 658 (N.Y. App. Div. 1951)
Case details for

Dineen v. Myers

Case Details

Full title:ROBERT E. DINEEN, Superintendent of Insurance of the State of New York, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 13, 1951

Citations

278 App. Div. 658 (N.Y. App. Div. 1951)

Citing Cases

Van Arsdale-Osborne Brokerage Co v. Cooper

This proof might be made by positive evidence of the act of approval itself, or in an implied way by the…

United States v. Barr

No matter how truthful his denial of service may be, his version may not be accepted by the trier of the…