SCHENKMAN v. SCHENKMAN


206 Misc. 660 (1954)

Gertrude Schenkman, Plaintiff, v. Harry Schenkman, Defendant.

Supreme Court, Special Term, Kings County.

October 28, 1954.


Attorney(s) appearing for the Case

Gabriel E. Torre for defendant appearing specially.

Goldwater & Flynn for plaintiff.


BRENNER, J.

A novel question has been presented upon this traverse. It is whether, after delivery of a process, failure to leave it following defendant's plain deception of the process server amounts to a failure to comply with rule 53 of the Rules of Civil Practice. This rule requires that the process server must make an affidavit that "he left with the defendant a copy of the summons", etc.

Upon the...

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