EDWARD SPECTER PRODS. v. VOELKER


19 Misc.2d 843 (1959)

Edward Specter Productions, Inc. (Formerly Known as Theatre 200, Inc.), Plaintiff, v. John D. Voelker et al., Defendants.

Supreme Court, Special Term, New York County.

June 19, 1959.


Attorney(s) appearing for the Case

Breed, Abbott & Morgan (Robert A. Hendrickson, Jr., of counsel), for John D. Voelker, defendant appearing specially.

Paul, Weiss, Rifkind, Wharton & Garrison (Arthur B. Frommer of counsel), for plaintiff.


SAMUEL M. GOLD, J.

Defendant, Voelker, a nonresident of this State, appearing specially, moves to vacate an attempted service of the summons upon him. Plaintiff cross-moves to examine defendant, St. Martin's Press Incorporated, in order to use the deposition thus obtained in opposition to Voelker's motion.

One of the theories upon which plaintiff seeks to sustain the service, which was made on St. Martin's Press Incorporated, and not on Voelker...

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