PARIS v. POTICHA


1 A.D.2d 277 (1956)

Clement Paris, Respondent, v. Jacob Poticha et al., Appellants

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

March 21, 1956.


Attorney(s) appearing for the Case

John W. Tabner for appellants.

Jack Goodman and Franklin P. Gavin for respondent.

FOSTER, P. J., COON and HALPERN, JJ., concur with ZELLER, J.; BERGAN, J., dissents, in a memorandum.


ZELLER, J.

Plaintiff sustained injuries as a result of a fall on January 4, 1953, on premises owned by defendants. This action based on allegations of negligence was commenced by the service of copies of the summons on July 22, 1953. Notice of retainer and demand for a copy of the complaint was served by defendants' attorneys one week later. The complaint was not served until February 24, 1954. On March 17, 1954, defendants' answer was served together...

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