Broderick v. Saretsky

Defendant moved to vacate a judgment, entered against him, on the ground that he had never been served with a summons. The motion was referred by the court, at Special Term, to the President Justice for assignment to an official • referee to determine and report on the question of the service of the summons, and, pending such report, the disposition of the motion was held in abeyance. The official referee conducted ¡a hearing and reported that no service was made on defendant. Now plaintiff moves, on the testimony and exhibits, to disaffirm the report and for a denial of the motion made by…