Pitagno v. Staiber

In this negligence action arising out of a two-car collision on May 23,1963, plaintiff moves to confirm the report dated May 4, 1967, made by Honorable Samuel S. Tripp, the Special Referee of this court, and defendant moves to reject so much thereof as found that service was effected upon the defendant by delivery of the summons to him by his wife.

The question posed then is whether the delivery of a summons to the defendant by his wife, which was received in the mail earlier that day, constitutes valid service of process.

The learned Referee found that the process server did not, as attested…