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Mangold v. Neuman

Court of Appeals of the State of New York
Jul 1, 1982
57 N.Y.2d 627 (N.Y. 1982)

Summary

referring to apartment as defendant's "dwelling" and upholding Appellate Division's holding that the dwelling was not a "residence"

Summary of this case from ZEBALLOS v. TAN

Opinion

Decided July 1, 1982

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NORMAN C. RYP, J.

Saul I Weinstein for appellant.

Pamela Jarvis for respondent.


On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order affirmed, with costs. The courts below concluded that defendant's dwelling place, where she stayed occasionally in connection with her business activities, was not a residence for purposes of CPLR 308 (subd 2). This affirmed factual determination is beyond the scope of our review, there being evidence in the record to support it.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


Summaries of

Mangold v. Neuman

Court of Appeals of the State of New York
Jul 1, 1982
57 N.Y.2d 627 (N.Y. 1982)

referring to apartment as defendant's "dwelling" and upholding Appellate Division's holding that the dwelling was not a "residence"

Summary of this case from ZEBALLOS v. TAN

In Mangold v. Neuman, 57 N.Y.2d 627, 439 N.E.2d 867, 868, 454 N.Y.S.2d 58 (N.Y. 1982), New York's highest court, considering a fact pattern virtually identical to Karlin, declined to disturb a determination by the lower courts that a hotel where defendant stayed occasionally in connection with her business activities was not a residence for purposes of New York's substituted service statute.

Summary of this case from Sheldon v. Fettig
Case details for

Mangold v. Neuman

Case Details

Full title:ELVA MANGOLD, Appellant, v. HELEN NEUMAN, Respondent

Court:Court of Appeals of the State of New York

Date published: Jul 1, 1982

Citations

57 N.Y.2d 627 (N.Y. 1982)
454 N.Y.S.2d 58
439 N.E.2d 867

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