MERGER v. NAT'L GRANGE INS. COS.


10 A.D.2d 926 (1960)

Adam Merger, Individually and as Assignee of Rene Pfaffenbach, Respondent, v. National Grange Insurance Companies, Appellant

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

May 19, 1960


Order denying motion to set aside services of process, to vacate default judgment, and to dismiss the complaint unanimously reversed, on the law, and the motion dismissed without prejudice, without costs to either party. The proceedings were irregular because the motion was not made in the first action in which the allegedly defective service was made. For that reason the motion should have been dismissed. In any event, a reversal would be required because the proceedings...

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