ALVORD & ALVORD v. PATENOTRE


196 Misc. 524 (1949)

Alvord and Alvord, Plaintiffs, v. Raymond Patenotre et al., Defendants.

Supreme Court, Special Term, New York County.

On Reargument, November 4, 1949.


Attorney(s) appearing for the Case

Harold R. Medina, Jr., for plaintiffs.

Horace S. Manges for Raymond Patenotre, defendant appearing specially.


MILLER, J.

Although it seems clear from the papers submitted on this motion that the defendant was no longer bodily present in this State at the time of the attempt to make substituted service, there is an insufficient showing that defendant had, at the time, effected a change of his domicile from this State to some other jurisdiction. The papers establish to the court's satisfaction that up to the time defendant...

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