Mandel v. Brodsky

Callahan, J. P.

(dissenting). I dissent and vote to reverse for the reasons stated in the opinion of Carlin, J., at Special Term of the City Court (199 Misc. 8). The Appellate Term relied on section 164 of the Civil Practice Act as it existed prior to amendment by chapter 554 of the Laws of 1951. This enactment also added the new section 163-a. The situation in this case, however, is not affected in any way. The new section 163-a (as did former § 164) deals with the service of papers and authorizes mailing in a letter box or other specified depository with the same effect as if deposited in…