BELOFATTO v. MARSEN REALTY CORP.


62 Misc.2d 922 (1970)

Carmine Belofatto, Plaintiff, v. Marsen Realty Corp., Inc., et al., Defendants.

Civil Court of the City of New York, Trial Term, New York County.

April 29, 1970


Attorney(s) appearing for the Case

Schulman & Liefer (Henry Schulman and Arnold Kleinick of counsel), for plaintiff. Howard A. Kochendorfer (Patrick J. Woods of counsel), for defendants.


LEONARD H. SANDLER, J.

After a hearing on the defendants' motion to dismiss the complaint on the grounds of improper service, I find that the service was legally sufficient and that the motion must be dismissed.

Factually, a very sharp issue was posed by the conflicting testimony of the process server and Frank Gilbert, "the managing agent," whose service is disputed.

I accept as fundamentally...

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