Opinion
December 21, 1944.
Appeal from the City Court of the City of New York, New York County, RIVERS, J.
G. Kenneth Brown for appellant.
Michael J. Kiely, Jr., for respondent.
MEMORANDUM
The fact that the defendant at the time of the service of process was in the military service furnishes no ground for exempting him from process. ( Matter of Kernan, 272 N.Y. 560.)
The order should be reversed, with ten dollars costs and disbursements, and motion denied, with leave to appear within six days after service of order entered hereon, on payment of costs.
HAMMER, McLAUGHLIN and EDER, JJ., concur.
Order reversed, etc.