LEVINE v. NAT'L TRANSP. CO.


204 Misc. 202 (1953)

Louis Levine, Plaintiff, v. National Transportation Co., Inc., et al., Defendants.

Supreme Court, Queens County.

April 20, 1953.


Attorney(s) appearing for the Case

Jesse Climenko and Martin I. Shelton for Morris Markin, defendant.

William F. Bleakley and Atwood C. Wolf for plaintiff.


JAMES C. VAN SICLEN, Official Referee.

Defendant Markin moved for an order setting aside the service of process on him. The issues of fact thereby raised were referred for hearing and determination.

On November 12, 1952, the process server and the plaintiff, having been unable to serve process upon the moving defendant at his hotel, took up positions across the street from his office. When he appeared...

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