224 A.D. 587 | N.Y. App. Div. | 1928
This is an appeal from an order denying a motion to vacate a judgment on the ground that no proper service had been _ effected on the defendant. The appellant contends that the person served was not an officer of the corporation and that the affidavit of service upon “ John Doe,” as president of the defendant
Dowling, P. J., Merrell, Pinch and O’Malley, JJ., concur.
Order reversed, without costs, and motion remitted to the Special Term with the direction that an official referee be appointed to take testimony and report the same upon the disputed questions of fact.