Bentz v. Crotona Park Realty Co.

The claimant obtained an order for substituted service against the alleged owner, the Crotona Park Realty Company, by virtue of which it was served with a copy of the summons. It is urged by the latter that, under sections 435 to 437 of the Code of Civil Procedure, service of the summons can be made only personally or by publication. It was held, however, in Clare v. Lockard, 122 N. Y. 263, that substituted service in the manner prescribed by those sections was equivalent to a service by publication. The alleged owner also contends that substituted service will not avail the claimant, because…