New England Industries, Inc. v. Margiotti

The defendant Margiotti, a resident of Pennsylvania, moves to set aside the service of the summons in this action on the ground that such service was made upon him while he was in this State for the sole purpose of giving his deposition before trial, pursuant to an order of this court, in another action in which he was a defendant.

Upon the undisputed record on this motion, the narrow question presented is whether the appearance of Margiotti, to be examined before trial pursuant to an order of this court, was voluntary or induced by the compulsion of law. If voluntary, he was immune from…