ADAMS v. DAVISON

Appeal from an order denying the motion of defendant, appearing specially, to vacate the service of a summons and complaint. Order reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. Assuming, without deciding, that the defendant labor organization, which conferred disability and death benefits upon its members, was engaged in business in this State, the papers do not show that the person upon whom the summons and complaint were served was in charge of any business in which defendant was engaged, as required by section 229-b of the Civil Practice Act. Lazansky, P.J., Hagarty, Carswell, Adel and Taylor, JJ., concur.