Rawstorne v. Maguire

Defendant, appellant, appears specially and moves to set aside the service of summons on the ground that he is not a resident of New York and is consequently not subject to service by substitution under section 230 of the Civil Practice Act. Section 230 authorizes an order for substituted service against a person “ residing within the State.” The question is whether defendant *2at the time he was served was “ residing ” in New York within the meaning of this section.

The defendant occupied a room at the Vanderbilt Hotel in New York city, whenever he happened to be in New York, from May 7, 1932,…