Giamberardino v. Morley Construction Co.

241 A.D. 909

Opinion

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on the ground that it satisfactorily appears from the affidavit that the person served with the summons was not at the time of the service a managing agent. All concur, except Sears, P. J., and Crosby, J., who dissent and vote for affirmance.