City Real Estate Company, Respondent, v. Archibald J. MacFarland and Others, Defendants, Impleaded with George I. Malcom, as Committee, etc., of Louisa Malcom Stenton, an Incompetent Person, Appellant.
First Department,
October 25, 1907.
See head note in City Real Estate Co. v. MacFarland (ante, p. 652).
Appeal by the defendant, George I. Malcom, as committee, etc., from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 12th day óf June, 1907, as denies the said defendant’s motion to set aside the service of the summons and complaint made upon him in the -above-entitled action.
Nelson S. Spencer, for the appellant.
Harold Swain, for the respondent.
*656Per Curiam :
For the reasons assigned in the opinion in City Real Estate Co. v. MacFarland (121 App. Div. 652) on the appeal from the order granting leave, to sue the committee, the order denying; the motion to set aside the service upon the committee should have been granted.
It follows that the Order denying the, motion to" vacate the service should' be reversed, with ten dollars costs and disbursements,, and motion granted; with ten dollars costs. . '
i Present -— Patterson, P. J., Ingraham, La-ughlin,. Clarke and Houghton, JJ.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars -costs.