BURKE, SR. v. WARD


278 A.D. 1000 (1951)

John H. Burke, Sr., Respondent, v. John Ward, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 29, 1951.


The claim involved is for professional services rendered by plaintiff, who is a physician. A summons and notice were served August 18, 1943. The defendant did not appear. On September 7, 1950, plaintiff moved for judgment. Defendant countered with a cross motion to dismiss the summons under rule 302 of the Rules of Civil Practice. The trial court held that there was sufficient cause why the summons should not be dismissed. The parties were friends and plaintiff's delay

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