HUNTINGTON FUEL CORP. v. McLOUGHLIN


45 Misc.2d 79 (1965)

Huntington Utilities Fuel Corp. et al., Plaintiffs, v. Adelaide D. McLoughlin et al., Defendants.

Supreme Court, Special Term, Suffolk County.

January 13, 1965


Attorney(s) appearing for the Case

McSherry & Flynn for defendants. Sol Gordon for plaintiffs.


JACK STANISLAW, J.

The defendants McLoughlin, husband and wife, move to dismiss this summons and complaint. They first claim that substituted service on Mrs. McLoughlin pursuant to CPLR 308 (subd. 3) was improper and void because prior personal service was not diligently attempted. (There is no dispute as to the efficacy of service made upon Mr. McLoughlin.) It is also argued that, in any event, a cause of action...

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