Horn v. Perla

Appellate Division of the Supreme Court of New York

Horn v. Perla

42 A.D.2d 591, 344 N.Y.S.2d 1011, 1973 N.Y. App. Div. LEXIS 4153

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

DecidedJune 18, 1973

StatusPublished

This text of 42 A.D.2d 591 (Horn v. Perla) 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

Horn v. Perla, 42 A.D.2d 591, 344 N.Y.S.2d 1011, 1973 N.Y. App. Div. LEXIS 4153 (N.Y. Ct. App. 1973).

Pincite

Opinion

Appeal by defendant from an order of the Supreme Court, Queens County, dated October 10, 1972, which denied his motion to dismiss the complaint on the ground of lack of jurisdiction of his person. Order reversed, with $20 costs and disbursements, and motion remanded to Special Term for further proceedings not inconsistent herewith. A hearing should be held so that it can be determined whether the process server exercised due diligence in attempting to effectuate personal service of the summons and complaint upon defendant under CPLR 308 (subds. 1, 2) (Casey v. Wernikoff, 29 A D 2d 685). Hopkins, Acting P. J., Latham, Gulotta, Christ and Brennan, JJ., concur.

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Appeal by defendant from an order of the Supreme Court, Queens County, dated October 10, 1972, which denied his motion to dismiss the complaint on the ground of lack of jurisdiction of his person. Order reversed, with $20 costs and disbursements, and motion remanded to Special Term for further proceedings not inconsistent herewith. A hearing should be held so that it can be determined whether the process server exercised due diligence in attempting to effectuate personal service of the summons and complaint upon defendant under CPLR 308 (subds. 1, 2) (Casey v. Wernikoff, 29 A D 2d 685). Hopkins, Acting P. J., Latham, Gulotta, Christ and Brennan, JJ., concur.

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Bluebook (online)

42 A.D.2d 591, 344 N.Y.S.2d 1011, 1973 N.Y. App. Div. LEXIS 4153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horn-v-perla-nyappdiv-1973.