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BONWIT TELLER v. VANDERBILT

9 Misc.2d 176 (1957)

Bonwit Teller, Inc., Respondent, v. Cornelius Vanderbilt, Jr., Appellant, et al., Defendant.

Supreme Court, Appellate Term, First Department.

June 13, 1957.

Attorney(s) appearing for the Case

John J. Daly for appellant.

Frederick M. Wittenstein and Samuel Sidney Venitt for respondent.

HOFSTADTER, STEUER and TILZER, JJ., concur.

Per Curiam.

The levy upon which the service of process herein was based was void and ineffective since it was issued against a receiver appointed by the Supreme Court, without the permission of that court (Walling v. Miller, 108 N.Y. 173, 177). Under the circumstances, the subsequent proceedings for service of process, taken in attempted compliance with section 48 of the Municipal Court Code, were void and there was no valid service of the summons. The...

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