Equitable Life Assurance Society of United States v. Ehrlich
This text of 250 A.D. 761 (Equitable Life Assurance Society of United States v. Ehrlich) 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.
Opinion
Order denying motion to set aside service of summons and complaint reversed on the law and the facts, without costs, and the matter remitted to the Special Term to take proof as to whether or not the appellant, Fanny Ehrlich, was in fact personally served with the summons and complaint in this action. If she was not so served by the process server who made the affidavit, the fact that the summons and complaint subsequently, and on the same day, came into her possession is immaterial. (See Wiener v. Ravekes, 241 App. Div. 774, and cases therein cited.) Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.
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Cite This Page — Counsel Stack
250 A.D. 761, 293 N.Y.S. 660, 1937 N.Y. App. Div. LEXIS 8880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equitable-life-assurance-society-of-united-states-v-ehrlich-nyappdiv-1937.