Great Bear Spring Co. v. Tartamella

Full title: GREAT BEAR SPRING COMPANY, Respondent, v. JOHN TARTAMELLA, as President of…

Court: Supreme Court, Appellate Term, First Department

Date published: Mar 28, 1957

9 Misc. 2d 303 (N.Y. App. Term 1957)

172 N.Y.S.2d 179

Opinion

March 28, 1957

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, EUGENE M. McCARTHY, J.

Louis P. Goldberg for appellant.

Jay Genzer for respondent.

Per Curiam.

Defendant failed to controvert any of the allegations contained in plaintiff's affidavit. Standing undenied these allegations are sufficient and no issue is raised. Defendant's opposition is limited to the claim that the person served was not, at the time, its president. This objection does not survive a general appearance. (N.Y. City Mun. Ct. Code, § 88; Civ. Prac. Act, § 237-a).

The judgment and order should be affirmed, with $10 costs.

HOFSTADTER, STEUER and HECHT, JJ., concur.

Judgment and order affirmed, etc.