Wilson v. Eddy

Opinion

LILLIE, J.

Plaintiffs appeal from an order quashing service of summons and complaint upon defendants who are conceded to have been residents of New York at the time in question and were never personally served. The attempted service was made upon their attorney, Mr. Antin, pursuant to a provision in an agreement, executed by plaintiffs but not by defendants, in which the latter “hereby irrevocably appoints Michael Antin, Esq., as agent to accept service of process upon Eddy [collective] at any time hereafter in connection with any matter arising out of or in connection” therewith.…