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ELLAM, INC. v. NIEVES

41 Misc.2d 186 (1963)

Patrick Ellam, Inc., Plaintiff, v. Henry Nieves, Defendant.

Supreme Court, Westchester County.

December 10, 1963

Attorney(s) appearing for the Case

Barnet L. Arlan for defendant. Brill & Darrow for plaintiff.

FRANK S. McCULLOUGH, J.

This is a motion by the defendant for an order vacating and setting aside the personal service of the summons and complaint outside the State upon said defendant. The defendant asserts that he is a nondomiciliary of this State who neither transacts business herein nor owns, uses or possesses real property herein, nor has committed any tortious act herein within the purview of subdivision...

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