Bakalas v. Moscahlades

Greenbaum, J.:

The warrant was granted on June 5, 1922, and the first publication of the summons was made on July 8, 1922, more than thirty days thereafter. The motion to vacate the warrant and to set aside the service of the summons was denied under the authority of Yerkes v. McFadden (141 N. Y. 136).

The warrant recjjtes that the action is brought to recover the sum of $21,792.20, “ the balance due and owing from the defendants to the plaintiff as shown in the account annexed to the complaint herein,” and “ that one of the said defendants, namely, George Moscahlades, is a non-resident of the…