Schwab Brothers Trucking, Inc. v. Monroe County Water Authority

This is a motion on behalf of the defendants, Metcalf and Eddy Engineers, for an order setting aside service of the summons herein, insofar as they are concerned, on the ground that they were not properly served under the provisions of section 229-b of the Civil Practice Act.

No complaint has yet appeared in the action.

*676Affidavits submitted by these defendants describe them as a Massachusetts partnership and establish their principal place of business in the City of Boston, Massachusetts; admit that the summons in the action was served (on Sept. 13, 1961) upon an employee who was then in charge…