Fosullo v. Bonjiorno , 105 N.Y.S. 155 ( 1907 )

PER CURIAM.

Defendant appeals from a judgment of the Municipal Court, and hands up affidavits, copies of the same having been previously served on the plaintiff’s attorney, showing that no service > of the process was ever made upon him. The plaintiff has filed no affidavits in reply, and the allegations of the defendant contained in his affidavits must be taken as true.

Judgment reversed, with costs, and - complaint dismissed.