McGowan v. Bellanger

The plaintiff, Marcia McGowan, appeals from an order which denied her motion for a default judgment against the defendant Mary Ann Bellanger.

Upon the present record it appears that the appellant’s process server did not personally serve the defendant Mary Ann Bellanger (hereinafter referred to as defendant). Generally, a court acquires jurisdiction of a defendant by the personal service of a summons. Special Term upon ascertaining that the process server had left the summons and complaint with the defendant’s husband, also a named defendant, refused to permit the appellant to prove what had…