CASEY v. WERNIKOFF


29 A.D.2d 685 (1968)

Clement W. Casey et al., Respondents, v. Benjamin Wernikoff, Appellant, et al., Defendants

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

January 29, 1968


Order reversed insofar as appealed from, without costs, and motion as to appellant remanded to the Special Term for further proceedings not inconsistent herewith.

A hearing should be held, at which the process server may be cross-examined, as to whether he had exercised due diligence in attempting to effectuate personal service of the summons and complaint upon...

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