Casey v. Wernikoff

Appellate Division of the Supreme Court of New York

Casey v. Wernikoff

29 A.D.2d 685, 287 N.Y.S.2d 1018, 1968 N.Y. App. Div. LEXIS 4761

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 29, 1968

StatusPublished

This text of 29 A.D.2d 685 (Casey v. Wernikoff) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Casey v. Wernikoff, 29 A.D.2d 685, 287 N.Y.S.2d 1018, 1968 N.Y. App. Div. LEXIS 4761 (N.Y. Ct. App. 1968).

Pincite

Opinion

Appeal from so much of an order of the Supreme Court, Suffolk County, dated May 1, 1967, as denied a motion for summary judgment, dismissing the complaint, insofar as the motion was made by appellant. Order reversed insofar as appealed from, without costs, and motion as to appellant remanded to the Special Term for further proceedings not inconsistent herewith. A hearing should be held, at which the process server may be cross-examined, as to whether he had exercised due diligence in attempting to effectuate personal service of the summons and complaint upon appellant. Beldock, P. J., Christ, Rabin, Hopkins and Munder, JJ., concur.

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Appeal from so much of an order of the Supreme Court, Suffolk County, dated May 1, 1967, as denied a motion for summary judgment, dismissing the complaint, insofar as the motion was made by appellant. Order reversed insofar as appealed from, without costs, and motion as to appellant remanded to the Special Term for further proceedings not inconsistent herewith. A hearing should be held, at which the process server may be cross-examined, as to whether he had exercised due diligence in attempting to effectuate personal service of the summons and complaint upon appellant. Beldock, P. J., Christ, Rabin, Hopkins and Munder, JJ., concur.

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Bluebook (online)

29 A.D.2d 685, 287 N.Y.S.2d 1018, 1968 N.Y. App. Div. LEXIS 4761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casey-v-wernikoff-nyappdiv-1968.