Majority
p. 1119Michael J. BUCKLEY, and Daniel Buckley, infants, by Mary A. Buckley, their guardian ad litem, respondents, v. Loretta BUCKLEY, et al., respondents, Alois L. Hofaker, purchaser appellant. (Supreme Court, Appellate Division, Second Department. March 24, 1916.)
Order of the County Court of Kings County reversed, with $10 costs and disbursements, and motion granted, with $10 costs. Any money paid by said purchaser on the purchase price directed to be returned to him, with interest from date of payment thereof, upon the ground that the Court did not gain jurisdiction of the appellant through the failure to make an order requiring a copy of the summons to bo also delivered, in behalf of the defendant, to a person designated in the order “as required” by section 426 of the Code of Civil Procedure. Jemks, P. J., and Thomas, Carr, Stapleton, and Mills, JJ., concur.