CORINO v. MENSONE


72 Misc.2d 542 (1972)

Samuel Corino, Plaintiff, v. Thomas Mensone, Defendant.

Supreme Court, Monroe County.

December 27, 1972


Attorney(s) appearing for the Case

Hickey, McHugh & Garlick (Thomas B. Garlick, Jr., of counsel), for defendant. Bernard Gastel for plaintiff.


MARSHALL E. LIVINGSTON, J.

This is a motion to set aside service of a summons and complaint, pursuant to CPLR 3211 (subd. [a], par. 8).

Service was made upon the defendant's insurance carrier, the Hartford Insurance Group (Hartford), pursuant to the authority of an order of this court, as provided by subdivision 5 of CPLR 308.

Counsel argues that service upon Hartford was invalid and in violation of due process of law in that such service...

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