¶1Motion for summary judgment is denied with leave to renew. It appears that but six days ’ notice of motion by mail was given. Section 164 of the Civil Practice Act, and subdivision 4 of section 29 of the Hew York City Court Act (L. 1926, ch. 539), read together, require seven days’ notice of motion if notice of motion be served by mail. A motion for summary judgment if personally served requires at least four days’ notice. (See Aronstam v. Scientific Utilities Co., 196 N. Y. S. 306, affd. 206 App. Div. 657.)
188 Misc. 652
Rabinowitz v. Automem, Inc.
City of New York Municipal Court
Decided February 17, 1947
City of New York Municipal Court · decided 1947-02-17
Decided 1947-02-17