Pohlers v. Exeter Manufacturing Co.

City of New York Municipal Court

Pohlers v. Exeter Manufacturing Co.

180 Misc. 273, 41 N.Y.S.2d 577, 1943 N.Y. Misc. LEXIS 1866

CourtCity of New York Municipal Court

DecidedApril 19, 1943

StatusPublished

Cited by1 cases

This text of 180 Misc. 273 (Pohlers v. Exeter Manufacturing Co.) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pohlers v. Exeter Manufacturing Co., 180 Misc. 273, 41 N.Y.S.2d 577, 1943 N.Y. Misc. LEXIS 1866 (N.Y. Super. Ct. 1943).

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Opinion

Byrnes, Ch. J.

Motion to confirm the report of the Official Referee is granted. However, irrespective of whether or not the party served was in fact a 11 managing agent,” the failure [274]*274to fully comply with subdivision 3 of section 229 of the Civil Practice Act is fatal to the service. The affidavit is silent as to any attempt to effect service under subdivision 2 of section 229 of the Civil Practice Act. Proof that service could not be. made under subdivision 1 is not of itself sufficient to dispense with the method set forth in subdivision 2. The motion to vacate and set aside the service of the summons is granted. (McKeon v. McGowan & Sons, 229 App. Div. 568.)

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Byrnes, Ch. J.

Motion to confirm the report of the Official Referee is granted. However, irrespective of whether or not the party served was in fact a 11 managing agent,” the failure [274]*274to fully comply with subdivision 3 of section 229 of the Civil Practice Act is fatal to the service. The affidavit is silent as to any attempt to effect service under subdivision 2 of section 229 of the Civil Practice Act. Proof that service could not be. made under subdivision 1 is not of itself sufficient to dispense with the method set forth in subdivision 2. The motion to vacate and set aside the service of the summons is granted. (McKeon v. McGowan & Sons, 229 App. Div. 568.)

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180 Misc. 273, 41 N.Y.S.2d 577, 1943 N.Y. Misc. LEXIS 1866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pohlers-v-exeter-manufacturing-co-nynyccityct-1943.

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