Newmark v. Horowitz Bros. , 116 N.Y.S. 564 ( 1909 )

PER CURIAM.

It appears t'o be established by the affidavits, without specific contradiction, that the person served with the summons was neither a director nor an officer of defendant corporation, nor in any way authorized to accept service for the corporation, nor has the corporation appeared'in the action, except specially to have the judgment set aside.

Judgment reversed, with costs to appellant, and complaint dismissed.