FORRIEST v. PUGH


35 A.D.2d 524 (1970)

Elbert M. Forriest, Respondent, v. William M. Pugh, Appellant. (Appeal No. 1) Elbert M. Forriest, Respondent, v. William T. Pugh, Appellant. (Appeal No. 2)

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

July 2, 1970


Orders reversed, in the exercise of discretion, without costs, and all motions remitted to the Special Term for a hearing and a new determination as indicated herein.

In our opinion, Special Term should have directed a hearing on the issue of valid service of process upon the person allegedly served. The similarity in names, i.e., William M. Pugh and William T. Pugh, the designation of one of the persons as defendant in the summons, the affidavit of purported service...

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