PHILLIPS v. GARRAMONE


36 Misc.2d 1041 (1962)

Gordon J. Phillips, as Executor of James F. Stott, Deceased, Plaintiff, v. Michael Garramone, Doing Business as Norge Launderama, et al., Defendants.

Supreme Court, Special Term, Albany County.

August 3, 1962


Attorney(s) appearing for the Case

Dugan, Casey, Burke & Lyons for Rose Bronstein, individually and as executrix of Max Bronstein, deceased, defendant appearing specially. Harold J. Shannon for plaintiff.


LOUIS G. BRUHN, J.

This is a motion on behalf of counsel appearing specially for the defendant Rose Bronstein in both her individual and representative capacity as executrix of her husband for an order setting aside the service of the summons and complaint on the grounds that it was void service.

It appears that the deceased plaintiff died on June 6, 1960 and the purported service herein occurred on June 2, 1962.

Under those circumstances...

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