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LISI v. LANG

286 A.D. 771 (1955)

Eliseo J. Lisi, Appellant, v. Albert Lang, Respondent

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

December 20, 1955.

Attorney(s) appearing for the Case

Isidor Unger of counsel (Lucile Pugh, attorney), for appellant.

Arthur S. Hirsch for respondent.

PECK, P. J., BREITEL, BASTOW and COX, JJ., concur.

Per Curiam.

The plaintiff obtained an order directing substituted service of the summons and complaint. There were recitals in the order that defendant was a resident of this State and that personal service could not be made within the State because defendant was evading personal service. The defendant moved to vacate the order and the service made pursuant thereto on the ground that the defendant was not a resident of this State.

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