Fagenson v. First-York 86th Street Corp.

Motions under calendar Nos. 87 and 120 on the calendar of March 26, 1973 are consolidated for disposition.

*1070The motion is for an order directing the respondent as lienortrustee, to deliver to petitioner, as beneficiary, a verified statement of books and records.

The cross motion is for an order dismissing the petition on the ground that the court does not have jurisdiction over the respondents, who assert that they were served with this petition by mail.

The service here was technically insufficient. It was made by mail. But apparently this was a good-faith mistake on the part of petitioner’s…