LEONE v. CITY OF NEW YORK


203 Misc. 73 (1952)

Antoinette Leone, Plaintiff, v. City of New York, Defendant.

Supreme Court, Special Term, Kings County.

June 11, 1952.


Attorney(s) appearing for the Case

Denis M. Hurley, Corporation Counsel (George P. Hennessy of counsel), for defendant.

Sciarra & Russo for plaintiff.


MOSS, J.

This is a motion by the City of New York to vacate service of the summons and to dismiss the complaint on the ground that no proper service was made upon it. The summons and complaint were served by registered mail and retained by the defendant for several months, from February 9, 1952, to May 20, 1952, when the motion papers herein were served. During that time, at the request of the city, by stipulations...

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