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PIERCE BUTLER RADIATOR CORP. v. OSDER

281 A.D. 516 (1953)

Pierce Butler Radiator Corp., Respondent, v. Paul Osder, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 21, 1953.

Attorney(s) appearing for the Case

Gerald E. Maslon of counsel (Joseph Maslon, attorney), for appellant.

Sol S. Perlow for respondent.

DORE, J. P., COHN and BREITEL, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., dissents and votes to affirm in opinion, in which CALLAHAN, J., concurs.

Per Curiam.

Concededly the judgment debtor is a nonresident of this State. Though a revivor action such as this is clearly authorized by statute (Civ. Prac. Act, § 484), it is still incumbent upon the party seeking to effect the service of process to show compliance with one of the methods of substituted service which the statutes of the State permit (Importers & Traders' Nat. Bank v. Quackenbush, 143 N.Y. 567, 571; 144 A. L. R. 403, et seq...

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