Schulte Real Estate Co. v. Pirkig

At the time the order for substituted service was made in 1933, section 231 of the Civil Practice Act provided that an order for substituted service “must direct” the mailing of the summons “ by depositing in a postoEce * * * addressed to the defendant * * * at ¡his place of residence ”. The order sought to be vacated improperly authorized deposit of the summons in a “ U. S. POST OFFICE box ”, and the aEdavit of service states that the copy of the summons was deposited in such a box. Deposit in a post-oEce box is not equivalent to deposit in a post ofice (Korn v. Lipman, 201 N. Y. 404, 407,…