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54 Misc. 48

Olson v. McConihe

New York Supreme Court

Decided April 15, 1907

New York Supreme Court · decided 1907-04-15

Motion by defendant to set aside the service of the summons and complaint on the ground that the process server resorted to trickery and device in order to serve same.

Cited by 2 later decisions — most recently September 1959

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1907-04-15

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MacLean, J.

¶1It is. uncontradicted that the person who deposes to the service of the summons herein was admitted at the servants’ entrance to the house where defendant resided and asked to see one “ Kate,” presumably and apparently not this defendant. Such admission, under the circumstances, might not be said to carry the freedom of the house or to warrant forcible access to the dining-room upstairs for the purpose of service of process. Entry there and in the manner described was wrongful and the service improper. Mason v. Libbey, 1 Abb. N. C. 354. Application to set service aside granted, with ten dollars costs.

¶2Application granted, with ten dollars costs.

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