Appellate Division of the Supreme Court of New York, 1914

Polacsek v. American Iron & Steel Manufacturing Co.

Polacsek v. American Iron & Steel Manufacturing Co.
Appellate Division of the Supreme Court of New York · Decided October 15, 1914
164 A.D. 925
Polacsek v. American Iron & Steel Manufacturing Co.

Opinion of the Court

Per Curiam:

It is quite apparent that the person served with the summons was in no sense the managing agent of the defendant, and the attempted service was, therefore, imperfect. The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Ingraham, P. J., dissented. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

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