Cohen v. Krigstein

Herrmann, J.:

The Court is called upon to decide whether the defendant Benjamin Seidel may attack the verity of the Sheriff’s return showing service of summons upon him.

This action was commenced on October 13, 1954. By endorsement on the writ of summons, the Sheriff made return of service of summons upon Seidel as follows:

“Summoned personally Benjamin Seidel and left with him a copy of the within writ together with a copy of the complaint on the twenty-fifth day of October, A.D., 1954.”

On November 12, 1954, prior to the filing of any responsive pleading, the plaintiffs filed an amended…