Reitman v. Neulander

Appellate Terms of the Supreme Court of New York

Decided October 15, 1899

Appellate Terms of the Supreme Court of New York · decided 1899-10-15

<p>Appeal from a judgment, in favor of the plaintiff, rendered in the Municipal Court of the city of Rew York, fourth district, borought of Manhattan.</p>

Decided 1899-10-15

Per Curiam.

¶1It appears affirmatively in the record that the defendant Reulander is n resident of the county of Kings, while the residence of the defendant Roth is not disclosed. Under our recent decisions (Tyroler v. Gummersbach, 28 Misc. Rep. 151; *753Semmer Glass Co. v. Nassau Show Case Co., Id. 577), the court had no jurisdiction over the defendant Eeulander, and could not render judgment against the defendant Eoth without proof of his residence in the county of Eew York. The judgment must be reversed.

¶2Judgment reversed absolutely as to the defendant Eeulander, with costs to him, and reversed and a new trial ordered as to the defendant Eoth, with costs to him to abide the event.

¶3Present: Freedman, P. J.; MaoLean and Leventritt, JJ.

¶4Judgment reversed absolutely as to defendant Eeulander, with costs, and reversed and new trial ordered as to defendant Eoth, with costs to abide event.