REVONA REALTY CORP. v. WASSERMAN


4 A.D.2d 444 (1957)

Revona Realty Corp., Respondent, v. Morton Wasserman, Appellant

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

October 3, 1957.


Attorney(s) appearing for the Case

Joel Arnold for appellant.

Harry J. Ruthoser for respondent.

COON and GIBSON, JJ., concur with BERGAN, J.; FOSTER, P. J., and HALPERN, J., dissent in memorandum.


BERGAN, J.

In this action in the Supreme Court to recover $1,500 on an agreement by defendant to refund part of a bonus that had been paid him as mortgagee on premises in Sullivan County owned by plaintiff, an order authorizing substituted service of the summons was granted on July 9, 1953.

The order was founded on affidavits sufficiently establishing the residence of defendant in New York to warrant substituted...

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