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AXELROD v. DARIEN SEC. CO.

276 A.D. 578 (1950)

Bertha Axelrod et al., Respondents, and Samuel Kronman et al., Interveners, Respondents, v. Darien Securities Company, Limited, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 11, 1950.

Attorney(s) appearing for the Case

Solomon Gelfand of counsel (Jacob Lippman with him on the brief; Solomon Gelfand, attorney), for respondents and interveners-respondents.

Charles Angulo of counsel (Mitchell, Capron, Marsh, Angulo & Cooney, attorneys), for appellant.

GLENNON, DORE and SHIENTAG, JJ., concur with COHN, J.; PECK, P. J., dissents and votes to affirm, in opinion.

COHN, J.

Darien Securities Company, Limited (hereafter called Darien) is a Canadian corporation. Service of summons and verified complaint was made without an order under the claimed authority of section 235 of the Civil Practice Act by delivery of a copy thereof to an appropriate officer of Darien at its office at Montreal, Canada. Appearing specially, Darien moved to vacate the service on the ground that it...

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