Young v. Young

Order unanimously reversed, on the law and on the facts, with $20 costs and disbursements to the appellant, and the motion to set aside service of the summons and complaint is granted, with $10 costs. The appellant takes the position that no proper service of the summons and complaint was made upon the defendant because (1) defendant was not a resident of the State of New York as is required by section 230 of the Civil Practice Act and (2) that the place where the summons and complaint were left was not the defendant’s residence (Civ. Prac. Act, § 231). We need not pass on the question as to…