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Cottakis v. Pezas

Supreme Court, Special Term, New York County
May 19, 1958
12 Misc. 2d 214 (N.Y. Misc. 1958)

Opinion

May 19, 1958

Daniel J. Tobin for defendants.

Donald F. Mooney for plaintiff.


Upon the foregoing papers this motion to set aside service of the summons upon defendant Igor Pezas is granted. Service was obtained by leaving a copy of the summons with a business associate of defendant, in the reception room of defendant's place of business. The person upon whom service was made acknowledged authority to receive papers on behalf of defendant, and defendant now contests any such authority. It is denied that defendant was in the office at the time, although this is immaterial to the question presented. Such service was not sufficient to comply with section 225 of the Civil Practice Act.


Summaries of

Cottakis v. Pezas

Supreme Court, Special Term, New York County
May 19, 1958
12 Misc. 2d 214 (N.Y. Misc. 1958)
Case details for

Cottakis v. Pezas

Case Details

Full title:DEMETRIOS COTTAKIS, Plaintiff, v. APOSTOLOS K. PEZAS et al., Defendants

Court:Supreme Court, Special Term, New York County

Date published: May 19, 1958

Citations

12 Misc. 2d 214 (N.Y. Misc. 1958)
176 N.Y.S.2d 495

Citing Cases

Davidman v. Ortiz

In like vein, service was nullified where the summons was left with a business associate of the defendant in…