Mazer v. Gerstinblith

256 A.D. 671, 11 N.Y.S.2d 392, 1939 N.Y. App. Div. LEXIS 4811

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 21, 1939
• Status: Published

Opinion

Per Curiam.

An order for substituted service of a summons upon a natural person must direct that service be made at his residence except in an instance where such residence cannot be found. (Civ. Prac. Act, § 231.)

Upon the proof presented, the Special Term was justified in finding that the address at which substituted service upon defendant was directed by the court’s order, was, in fact, the defendant’s residence. (Cf. Johnson v. Diamond, 208 App. Div. 639.)

The order should be affirmed, with twenty dollars costs and disbursements to the respondent.

Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.

Order unanimously affirmed, with twenty dollars costs and disbursements.