ATOMIC MACH. CORP. v. DE STEFANO


55 Misc.2d 210 (1967)

Atomic Development & Machine Corp, Respondent, v. Thomas De Stefano, Appellant.

Supreme Court, Appellate Term, First Department.

October 19, 1967


Attorney(s) appearing for the Case

Henry Wolfman and Nathan Cyperstein for appellant. Milton M. Witchel for respondent.

STREIT and HECHT, JJ., concur; GOLD, J. P., dissents with memorandum.


Per Curiam.

Defendant's insurer unequivocally disclaimed liability to defend, prior to the commencement of this action or any attempted service of process herein, and, while now moving to vacate service, declines to appear generally on defendant's behalf or its own. As a consequence, said insurer lacks standing to make such a challenge. The fact that the Civil Court issued an ex parte order authorizing substituted...

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