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CUSUMANO v. DIACON-ZADEH

5 A.D.2d 139 (1958)

Gaspare M. Cusumano, Respondent, v. Pavol P. Diacon-Zadeh, Appellant

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

January 28, 1958.

Attorney(s) appearing for the Case

Borris M. Komar for appellant.

Louis Mishell of counsel (Mishell & Garlock, attorneys), for respondent.

BOTEIN, P. J., VALENTE, McNALLY, STEVENS and BERGAN, JJ., concur.

Per Curiam.

The refusal of the court at Special Term to vacate the default judgment on jurisdictional grounds based on a claim by defendant as a nonresident of immunity from service of process seems warranted on the record.

Immunity from service of process is based on the contention of defendant that he resides in Canada; that he was in New York on June 14, 1957 when the summons was served for the sole purpose of defending himself in other litigation...

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