Guidone v. Saint Aloysius Church

This motion is brought by defendant to dismiss the action pursuant to CPLR 3211. Defendant *1020says that the court does not have jurisdiction because it has not been served personally with the summons, pursuant to CPLR 311.

The matter came on before me at the October 1970 term of this court and was adjourned to permit plaintiff to furnish further proof of personal service upon the pastor or appropriate officer of the defendant.

Plaintiff subsequently submitted an affidavit of the Reverend Edward A. Shamon, defendant’s pastor and treasurer. Father Shamon avers that on March 14, 1968, a summons in…