OUSTECKY v. FARMINGDALE LANES


41 Misc.2d 979 (1964)

Frank C. Oustecky et al., Plaintiffs, v. Farmingdale Lanes, Inc., Defendant.

Supreme Court, Special Term, Nassau County.

January 30, 1964


Attorney(s) appearing for the Case

E. Edan Spencer for defendant. Azreal A. Alpern for plaintiffs.


MARIO PITTONI, J.

Defendant's motion to set aside the service of the summons allegedly served April 19, 1962 is granted.

This motion was motivated by written correspondence initiated by the plaintiff on November 1, 1963. The defendant disclaims knowledge of service upon it and claims that any service was upon one not authorized to receive it, either under section 228 of the Civil Practice Act or under section 311 of the Civil Practice Law and...

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