PENINSULA NAT. BANK v. HILL


52 Misc.2d 903 (1966)

Peninsula National Bank of Cedarhurst, Appellant, v. Clarence Hill, Respondent.

Supreme Court, Appellate Term, Second Department.

November 23, 1966


Attorney(s) appearing for the Case

Mullooley Mullen & Jeffrey (Bernard Jeffrey of counsel), for appellant. Margolies & Miller (Stanley Margolies of counsel), for respondent.

Concur — DI GIOVANNA, GULOTTA and BAKER, JJ.


Per Curiam.

Under the special facts and circumstances of this case, it was error to strike out the testimony of the process server as to his habit and custom in making substituted service (32 C. J. S., Evidence, § 581; Richardson, Evidence [9th ed.], § 190; Matter of Kellum, 52 N.Y. 517). The service of process was not contested until approximately five and a half years after entry of judgment, at a time when the process server no longer had...

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