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DUSMINSKI v. LADENHEIM

Civ. A. No. 2396.

43 F.Supp. 139 (1942)

DUSMINSKI v. LADENHEIM.

District Court, E. D. New York.

February 4, 1942.

Attorney(s) appearing for the Case

Alfred T. Rowe, of New York City, for plaintiff (opposed).

Robinson, Hennessy & McGrath, of New York City (Joseph S. Robinson, of New York City, of counsel), for defendant (for motion).

BYERS, District Judge.

This is a motion by defendant to dismiss the action or in the alternative for an order quashing the return of the service of the summons, for alleged defective service. The action is to recover damages for personal injuries caused by the nonresident defendant's automobile on a public highway.

The affidavit of service of the summons recites that the affiant, being over the age of eighteen years, on December 1, 1941, "served a copy of...

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