TASHLICK v. WHARTON INDUS., INC.


52 A.D.2d 826 (1976)

Irving Tashlick, Respondent, v. Wharton Industries, Inc., et al., Defendants, and Saul Warshaw, Appellant

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

May 27, 1976


The question of the propriety of the ex parte order permitting substituted service, whether service was properly made thereunder, and whether service should have been made under CPLR 308 (subd 2) instead of CPLR 308 (subd 5) were all litigated before the Special Referee who reviewed the evidence at the hearing and reported that, on the basis of the credible evidence, service had been properly made. Appellant attacked the credibility of plaintiff's process server and sought...

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