Anello v. St. Paul Fire & Marine Insurance

Motion to vacate service of summons referred to an official referee.

The amendment of 1928 (Laws of 1928, chap. 715) of section 229 of the Civil Practice Act, particularly subdivision 3, does not appear to have altered the sense or affected the rulings under the old form of the section and subdivision, that resort to the third subdivision is permissible only in case of failure to effect service under the two preceding paragraphs. The decisions seem to be that way. (McKeon v. McGowan & Sons, 229 App. Div. 568; Appelbaum v. Camden Fire Ins. Assn., 155 Misc. 514; Fisher v. Canadian Pac. R. Co.,…