Avery v. O'Dwyer

Appeal from an order of the Supreme Court at Special Term, entered February 28, 1952, in New York County, which (1) granted a motion by defendants to vacate and set aside the summons and service of summons, and (2) denied a motion by plaintiffs to correct the title of the summons and complaint.

Special Term correctly held that the attempted service upon the individual defendants, either as individuals or as officials, cannot be sustained and that part of the order appealed from should be affirmed.

We think, however, that Special Term should have granted plaintiffs’ motion to correct the title…