Appellate Terms of the Supreme Court of New York, 1911

Deutsch v. Traube

Deutsch v. Traube
Appellate Terms of the Supreme Court of New York · Decided November 10, 1911
131 N.Y.S. 579 (New York Supplement)

Counsel

Boudin & Riebman, for appellant., Feltenstein & Rosenstein, for respondents.

Deutsch v. Traube

Opinion of the Court

PER CURIAM.

The affidavits submitted by the appellant show clearly and conclusively that, at the time-the service of the summons-was alleged to have been made upon him, he was in the city of Boston transacting business, and that the process server must therefore have-been mistaken as to the identity of the person served by him, if service was made upon any person.

Judgment reversed, with costs, and complaint dismissed.

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