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CREATIVE WOODWORKING CO. v. BOHN

44 Misc.2d 369 (1964)

Creative Woodworking Co., Inc., Plaintiff, v. Leon Bohn, Defendant.

Civil Court of the City of New York, Special Term, New York County.

September 23, 1964

Attorney(s) appearing for the Case

Heiko & Bush (Ronald I. Levy of counsel), for plaintiff. Ralph J. Schwarz, Jr., for defendant appearing specially.

LOUIS I. KAPLAN, J.

Paragraph (1) of subdivision (a) of section 902 of the New York City Civil Court Act provides that an indorsed complaint may be served only when the summons is served by personal delivery to the defendant in New York City and the cause of action is for money only. Service according to CPLR 308 (subd. 3) does not constitute personal delivery to the defendant. Therefore a formal complaint is...

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