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McGOWAN v. BELLANGER

32 A.D.2d 293 (1969)

Marcia McGowan, Appellant, v. Mary A. Bellanger et al., Respondents

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

July 3, 1969.

Attorney(s) appearing for the Case

John E. Roe for appellant.

Donohue, Bohl, Clayton & Komar (Myron Komar of counsel), for Mary A. Bellanger and another, respondents.

E. Edan Spencer for Mary McGowan, defendant.

GIBSON, P. J., REYNOLDS, STALEY, JR., and GREENBLOTT, JJ., concur.

HERLIHY, J.

The plaintiff, Marcia McGowan, appeals from an order which denied her motion for a default judgment against the defendant Mary Ann Bellanger.

Upon the present record it appears that the appellant's process server did not personally serve the defendant Mary Ann Bellanger (hereinafter referred to as defendant). Generally, a court acquires jurisdiction of a defendant by the personal service of a summons. Special Term upon ascertaining...

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