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FASHION TANNING v. SHUTZER

108 A.D.2d 485 (1985)

Fashion Tanning Company, Inc., Respondent, v. Shutzer Industries, Inc., et al., Defendants, and Alvin Shutzer, Appellant

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

June 6, 1985

Attorney(s) appearing for the Case

Caffry, Pontiff, Stewart, Rhodes & Judge, P. C. (Malcolm B. O'Hara and Mark A. Lebowitz of counsel), for appellant.

Kiley, Feldmann, Whalen, Devine & Patane, P. C. (James J. Devine, Jr., of counsel), for respondent.

MAHONEY, P. J., MAIN, MIKOLL and YESAWICH, JR., JJ., concur.

HARVEY, J.

This breach of contract action is before us by virtue of personal service of the summons and complaint upon defendant Alvin Shutzer in the State of Massachusetts on April 29, 1983. No service was obtained on defendant Carlo Vieni and that action has been severed. Defendant Shutzer Industries, Inc., does not contest its liability and is not a party to this appeal. Hereinafter, references to defendant...

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