Daley v. Lubich

Process in the instant action was served on defendant pursuant to an order for substituted service. The instant motion is made pursuant to section 237-a of the Civil Practice Act, to set aside the service on the ground that defendant is not subject to such service within the meaning of section 230 of the Civil Practice Act. The reason urged is that defendant is serving in the United States Air Force, stationed in Georgia, and is not amenable to process by substituted service. The contention is valid. (Lerman v. Copperman, 183 Misc. 352; Thompson v. Mundheim, 180 Misc. 1002, affd. 266 App.…