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Bonwit Teller, Inc. v. Vanderbilt

Bonwit Teller, Inc. v. Cornelius Vanderbilt, Jr.

Bonwit Teller, Inc. v. Vanderbilt, 9 Misc. 2d 176 (1957)
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Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
June 13, 1957
Citations
9 Misc. 2d 176164 N.Y.S.2d 1851957 N.Y. Misc. LEXIS 2874

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1970: 11976: 119702026peak 1970 · 1

Relies on it most ⓘ

  1. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Cavicchia311 F. Supp. 149 (S.D.N.Y. 1970)
  2. 149 Clinton Avenue North, Inc. v. Grassi51 A.D.2d 502 (1976)

Most recent

  1. 149 Clinton Avenue North, Inc. v. Grassi51 A.D.2d 502 (1976)
  2. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Cavicchia311 F. Supp. 149 (S.D.N.Y. 1970)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Walling v. Miller, 15 N.E. 65 (N.Y. 1888) 55
Davidoff v. Chipornoi, 101 Misc. 291 (1917) 3
Vilas v. Vilas, 205 Misc. 988 (N.Y. Sup. Ct. 1954) 2

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