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TAPPIS v. NAT'L VAN LINES

43 Misc.2d 157 (1964)

Sylvia E. Tappis, Respondent, v. National Van Lines, Inc., et al., Defendants, and National Van Lines, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

April 22, 1964

Attorney(s) appearing for the Case

Perrell, Nielsen & Stephens (John Nielsen of counsel), for appellant. Ben Mermelstein for respondent.

Concur — BENJAMIN, GULOTTA and McDONALD, JJ. Order reversed, etc.

Per Curiam.

The service of the summons outside the County of Westchester was invalid and conferred no jurisdiction upon the City Court of New Rochelle (New Rochelle City Court Act, § 201; § 205, subd. 1). Defendant was not in default in raising the jurisdictional question. Service is measured from time of mailing, not time of receipt. (CPLR 2103, subd. [b], par. 2; Jackson & Perkins Co. v. The Rose...

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