Leigh v. Lynton
United States District Court for the Eastern District of New York
9 F.R.D. 28 (1949)
Relevant factsFree
Lynton (defendant) had moved back to England by the time Leigh (plaintiff) sued him over a New York apartment lease, though Lynton's wife remained living in a rented New York apartment at the Hotel Wyndham. Leigh served process by leaving the summons and complaint at the wife's apartment, and Lynton moved to dismiss or quash service, arguing that apartment was not his own usual place of abode.
IssueFree
Whether, for purposes of serving process, the residence of the defendant's spouse may be treated as the defendant's usual place of abode where there is no evidence the defendant lives there or considers it his home.