Levine v. National Transportation Co.

James C. Van Siclen, Official Referee.

Defendant Markin moved for an order setting aside the service of process on him. The issues of fact thereby raised were referred for hearing and determination.

On November 12, 1952, the process server and the plaintiff, having been unable to serve process upon the moving defendant at his hotel, took up positions across the street from his office. When he appeared on the street plaintiff identified him to the process server who thereupon dashed across the street to serve him, but was unable to reach him before defendant had entered his hired limousine.…