MACCHIA v. RUSSO


67 N.Y.2d 592 (1986)

Ralph Macchia, Appellant, v. Salvatore Russo, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided July 10, 1986.


Attorney(s) appearing for the Case

Jeffrey J. Ellis for appellant.

Michael Conforti for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in Per Curiam opinion.


Per Curiam.

Delivery of a summons to defendant's son outside his house, after which the son goes into the house and gives the summons to his father, is not valid service on defendant pursuant to CPLR 308 (1).

Plaintiff instituted this action for damages arising out of injuries incurred on February 27, 1975 while he was a passenger in defendant's car. Nearly three years later, on February 15, 1978, a process server...

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