Soemann v. Carr

The Special Term sustained the service of process in each of the above-entitled actions, upon the theory that the service of the summons by publication, under orders ‘which it had previously granted and which it amended nunc pro tune, could be treated as substituted service pursuant to section 231 of the Civil Practice Act. But we have come to the conclusion that it is not possible to sustain the service of process in this case as substituted service.

The automobile accident, out of which the actions arose, occurred on July 30, 1954. On July 26, 1957, when the three-year Statute of Limitations…