Polacsek v. American Iron & Steel Manufacturing Co.

Majority

p. 925

John Polacsek, Respondent, v. American Iron and Steel Manufacturing Company, Appellant.

Headnote

Appeal from an order of the Supreme Court, entered in the Hew York county clerk’s office on the 7th day of August, 1914, denying a motion to vacate the service of the summons.

It is quite apparent that the person served with the summons was in no sense the managing agent of the defendant, and the attempted service was, therefore, imperfect. The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Ingraham, P. J., dissented. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.