ELKIN v. AUSTRAL AMER. TRADING CORP.


10 Misc.2d 879 (1957)

Jack J. Elkin, Plaintiff, v. Austral American Trading Corp., Defendant.

Supreme Court, Special Term, New York County.

December 12, 1957.


Attorney(s) appearing for the Case

Javits & Javits for defendant.

Samuel J. Green for plaintiff.


ARTHUR MARKEWICH, J.

The motion to vacate the service of the summons or to dismiss for lack of jurisdiction is denied. The contract, in paragraph 5, states: "Both parties agree that service or process may be made by registered special delivery air mail addressed to the other party at his or its last known address and that the time to respond to such process shall be 40 days from the date of mailing thereof." This provision of the contract was complied...

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