Fillyow v. County of Westchester

The defendant County of Westchester, appearing specially, moves to vacate the service of the summons in the action. It is asserted in the moving papers, and not controverted, that service was made on the County Attorney, and on an employee in the office of the Clerk of the Board of Supervisors. It is asserted in the opposing papers, and not controverted, that an admission of service was stamped on the summons by the employee.

Subdivision 3 of section 228 of the Civil Practice Act provides that the summons in an action against a county must be served on the County Attorney, and, in addition, on…