Magic Alleys, Inc. v. Buck

Plaintiff moves for an order directing defendant to accept service of plaintiff’s complaint in the above-entitled action or to otherwise move in relation to said complaint. A summons in the above-entitled action was served personally upon the defendant on May 24, 1967. On May 26, 1967, defendant’s attorney served a notice of appearance on plaintiff’s attorney demanding service of a complaint. Some four *404months later, a formal complaint was served upon defendant’s attorney which complaint was immediately returned upon the ground that it was not timely served.

There are two methods (exclusive of…