Opinion
April 9, 1937.
Appeal from Supreme Court of New York County.
Harry Malter of counsel [ Martin M. Goldman with him on the brief; Goldman, Malter Goldman, attorneys], for the appellants.
David L. Reifer of counsel [ Grossman Gitter, attorneys], for the respondent.
Present — MARTIN, P.J., O'MALLEY, UNTERMYER, DORE and COHN, JJ.
It clearly appears that the defendant Otto Eidinger was enticed into this jurisdiction from another State by fraud and deceit practiced upon him by plaintiff in order that he might be served with the summons and complaint in this action. Under the well-established law of this State service so effected is invalid. ( Shillman v. Toulson, 211 App. Div. 336; Garabettian v. Garabettian, 206 id. 502; Olean St. R. Co. v. Fairmount Construction Co., 55 id. 292.) The motion to vacate the service should, accordingly, have been granted.
The order appealed from should be reversed, with twenty dollars costs and disbursements, and the motion granted, with ten dollars costs.
Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted, with ten dollars costs.