CALLAN v. LILLYBELLE, LTD.


20 A.D.2d 877 (1964)

Lena Callan, as Administratrix of The Estate of Peter Callan, Deceased, and as General Administratrix of Peter Callan, Deceased, Respondent, v. Lillybelle, Ltd., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 21, 1964


Order, entered on December 13, 1963, denying defendant-appellant's motion to vacate and set aside the service of the summons, unanimously reversed on the law and on the facts, with $20 costs and disbursements to appellant, and the motion granted, with $10 costs.

The contested service is alleged to be valid as having been made upon a "managing agent" of the defendant corporation pursuant to subdivision 8 of section 228 of the Civil Practice Act. Examining the evidence...

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