DALEY v. LUBICH


34 Misc.2d 187 (1962)

Joan Daley et al., Plaintiffs, v. Edward S. Lubich, Defendant.

Supreme Court, Special Term, Kings County.

April 6, 1962


Attorney(s) appearing for the Case

Raymond J. MacDonnell for defendant. Fisch, Kaplan & Goldman for plaintiffs.


WALTER R. HART, J.

Process in the instant action was served on defendant pursuant to an order for substituted service. The instant motion is made pursuant to section 237-a of the Civil Practice Act, to set aside the service on the ground that defendant is not subject to such service within the meaning of section 230 of the Civil Practice Act. The reason urged is that defendant is serving in the United States Air Force, stationed in Georgia, and is not...

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