Opinion
February 10, 1926.
Appeal from the Municipal Court, Borough of Manhattan, First District.
Droege Rao [ O.H. Droege of counsel], for the appellant.
Silberman Steinfeld [ Louis R. Bick of counsel], for the respondents.
The appearance of the defendant on the motion to vacate the service of the summons and complaint in this action was in substance a special appearance. Moreover, the court below acquired no jurisdiction over the person of the defendant, as the service of the summons and complaint was procured by fraud and deceit on the part of the plaintiff. Judgment and order appealed from reversed, with ten dollars costs, and motion to vacate the service of the summons and complaint is granted, with ten dollars costs.
All concur; present, BIJUR, DELEHANTY and WAGNER, JJ.