Opinion
November, 1905.
Arthur Furber, for appellant.
Flemming Flemming, for respondent.
The defendant appeals from a judgment entered upon substituted service of a summons, issued upon professed observance of sections 32 and 33 of the Municipal Court Act, upon affidavits asserting that "defendant resides out of the City of New York, to wit, at Larchmont, County of Westchester;" that defendant "maintains an office for the transaction of business at 51 Liberty Street in the City of New York and conducts business under the name of Charles White Co.;" that, although one of the plaintiff's attorneys "is informed and believes that said defendant is in the State, he avoids service thereof;" and a statement of a city marshal that he, after due and diligent search, was unable to find the defendant; with an affidavit of one Bernstein to the like conclusion. These are not sufficient to warrant the issue of the summons as the basis of the judgment.
Present: SCOTT, GILDERSLEEVE and MacLEAN, JJ.
Judgment reversed, with costs, and complaint dismissed.