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THERMOID CO. v. FABEL

4 A.D.2d 475 (1957)

Thermoid Company, Appellant, v. George S. Fabel, Respondent

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

October 22, 1957.

Attorney(s) appearing for the Case

Charles H. Tuttle of counsel (Thomas A. Shaw, Jr., with him on the brief; Breed, Abbott & Morgan, attorneys), for appellant.

Walter L. Stratton of counsel (Donovan Leisure Newton & Irvine, attorneys), for respondent.

BREITEL, J. P., BOTEIN, VALENTE and McNALLY, JJ., concur.

FRANK, J.

This is an appeal from an order vacating service of a summons on the ground that at the time of the service, the defendant was immune therefrom.

On April 13, 1956 an indictment was filed against the defendant, a resident of North Carolina, in the United States District Court for the Southern District of New York. The complaint in this action substantially charges the defendant with the same acts of misconduct as were alleged in the indictment...

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