FID. & CAS. CO. OF NEW YORK v. YAGER


46 A.D.2d 615 (1974)

Fidelity and Casualty Company of New York, Respondent, v. Robert O. Yager, Appellant

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

October 10, 1974


The printed form of "Affidavit of Substituted Service of Summons", executed by the process server and submitted to Special Term, omits essential facts pertaining to the purported substituted service on defendant, and the one bit of evidentiary detail which is contained therein, to wit: an alleged conversation with "a neighbor [of defendant] who confirmed his residence and said that the defendant was not in" appears to be false. Under the circumstances, the validity of such...

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