Alvord & Alvord v. Patenotre
New York Supreme Court
196 Misc. 524, 92 N.Y.S.2d 514 (1949)
- Written by Mary Phelan D'Isa, JD
Facts
On October 5, 1949, Alvord & Alvord (plaintiff) obtained an order for substituted service on Raymond Patenotre and Eleanor Patenotre (defendants). Service was made that same day by affixing a copy of the summons, complaint, and order to the Patenotre’s apartment door and by depositing a copy of the papers in the mail at 1:05 a.m. on the next day, October 6, 1949. On October 5, 1949, the Patenotres were in the process of moving to Switzerland and, according to their attorney’s affidavit, did not arrive in France until October 5. No claim was made that at the time of service the Patenotres had arrived in Switzerland. The Patenotres moved to vacate the order for substituted service and the service made pursuant to that order.
Rule of Law
Issue
Holding and Reasoning (Miller, J.)
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