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Suchar v. Rothenstein

109 N.Y.S. 1147 Court N.Y. App. Term Decision date 1908-04-10 English

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p. 1147
SUCHAR v. ROTHENSTEIN et al.
(Supreme Court, Appellate Term.
April 10, 1908.)

Headnote

Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Abraham J. Suchar against Marcus Rothenstein and others. Judgment for plaintiff, and defendants appeal. Reversed.
Hyman I. Barnett, for appellant. J. W. Block, for respondent.

The affidavits concerning the service of the summons are conflicting; but in view of all the circumstances, and particularly the fact that the note sued on has been destroyed through the instrumentality of plaintiff, we are not convinced that personal service of summons upon the defendant Smith was ever made. The judgment must be reversed, with costs.