FRIEDMAN v. CATON APARTMENTS, INC.


36 A.D.2d 532 (1971)

Johanna Friedman, Respondent, v. Caton Apartments, Inc., Appellant

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

January 18, 1971


Order reversed insofar as appealed from, on the law and the facts, with $10 costs and disbursements, and defendant's motion to vacate the service of the summons granted.

In our opinion, there was no competent service of the summons on defendant and no act or course of conduct on defendant's part subsequent to the date of the alleged service constituted a waiver of the jurisdictional defect in the service or was prejudicial...

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