Van Valkenburgh v. Monahan

Appeal from an order granting respondent’s motion to vacate and set aside the service of the summons on the ground that the service was made upon a nonresident who was present in this jurisdiction as a voluntary witness in a Federal court action. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.