PITAGNO v. STAIBER


53 Misc.2d 858 (1967)

Aniello Pitagno, Plaintiff, v. Hans Staiber, Defendant.

Supreme Court, Special Term, Queens County.

May 29, 1967


Attorney(s) appearing for the Case

Charles A. Heeg for plaintiff. Gill & Sheehan (Jack J. Kornreich of counsel), for defendant.


HENRY J. LATHAM, J.

In this negligence action arising out of a two-car collision on May 23, 1963, plaintiff moves to confirm the report dated May 4, 1967, made by Honorable SAMUEL S. TRIPP, the Special Referee of this court, and defendant moves to reject so much thereof as found that service was effected upon the defendant by delivery of the summons to him by his wife.

The question posed then is whether the delivery of a summons to the defendant...

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