United States District Court for the Eastern District of New York
9 F.R.D. 28 (1949)
Leigh (plaintiff) leased a rent-controlled apartment in New York from Lynton (defendant), a native of England. Leigh sued Lynton for violations relating to the lease in a federal district court in New York. At the time that the lease was made, Lynton was living in New York. By the time suit was brought, Lynton had moved back to England. Lynton’s wife, however, was living in New York in a rented apartment at the Hotel Wyndham. Leigh had the summons and complaint served on Lynton by leaving it at the New York apartment of Lynton’s wife. Lynton moved to dismiss the complaint or quash the service of process.
Rule of Law
Holding and Reasoning
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