Grand White Realty Corp. v. Berman

Plaintiff brought this action against defendants Berman and Warren to recover excess fees and for an accounting. Berman, an attorney, moved to dismiss the complaint on the ground that service had not properly been effected upon him. Special Term granted the motion to the extent of ordering a hearing and referring the hearing to a Special Referee. After hearing, the Special Referee concluded that service had not been effected as required by law and recommended that the motion to dismiss be granted. On motion, Special Term confirmed the report and directed that an order to that effect be…