New York Supreme Court January 30, 1935 (Humnicki v. Pitkowa)

Dowling, J.

The complaint contains the following allegations:

“ First. That prior to the 4th day of November, 1921, the plaintiff duly commenced an action against the defendants in the Supreme *408Court, County of Oneida, State of New York; that the summons in said action was served upon the defendants personally and no appearance was made therein by either of the herein-named defendants.