Phillips v. Garramone

This is a motion on behalf of counsel appearing specially for the defendant Rose Bronstein in both her individual and representative capacity as executrix of her husband for an order setting aside the service of the summons and complaint on the grounds that it was void service.

It appears that the deceased plaintiff died on June 6, 1960 and the purported service herein occurred on June 2, 1962.

Under those circumstances unless effective service has been completed the resident plaintiff’s action will itself suffer a demise. (Decedent Estate I jaw, § 130.)

Curiously, the only affidavits in support…