AVERY v. O'DWYER


201 Misc. 989 (1952)

Joseph Avery et al., Plaintiffs, v. Wm. O'Dwyer et al., Individually and on Behalf of the City of New York, Defendants.

Supreme Court, Special Term, New York County.

February 18, 1952.


Attorney(s) appearing for the Case

Denis M. Hurley, Corporation Counsel (John F. Kelly, James J. Thornton, John L. Radlein and John Suglia of counsel), for defendants appearing specially.

Herman Gottfried for plaintiffs.


HOFSTADTER, J.

The individual defendants, sued both individually and in their respective capacities as officials of the City of New York, move to vacate the service of the summons in this action upon them on the ground that no personal jurisdiction over them was acquired. The purported service on these individuals was made by leaving a copy of the summons and complaint with a clerk in the office of the corporation...

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