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JAUK v. MELLO

45 Misc.2d 307 (1964)

Othmar Jauk, Plaintiff, v. William R. Mello et al., Defendants.

Supreme Court, Special Term, New York County.

December 14, 1964

Attorney(s) appearing for the Case

Hogan & Kelleher for Motor Vehicle Accident Indemnification Corporation, defendant, on behalf of Harry Robinson. Pelosi & Begos for plaintiff. Flood & Cartiglia for William R. Mello, defendant. Robert G. Sheller for Motor Vehicle Accident Indemnification Corporation, defendant.

FRANCIS T. MURPHY, JR., J.

This is a motion by MVAIC, on behalf of defendant Harry Robinson, to vacate the purported service of a summons and complaint. On the scant affidavits submitted in this matter only meager information is supplied to the court. However, it is shown that on or about May 29, 1964, a process server served defendant Robinson, also known as Robson, pursuant to CPLR 308 (subd. 3) by "mailing...

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