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McCARVER v. DE MORNAY-BONARDI CORP.

8 Misc.2d 273 (1957)

Charles P. McCarver, Plaintiff, v. De Mornay-Bonardi Corp. et al., Defendants.

Supreme Court, Kings County.

August 23, 1957.

Attorney(s) appearing for the Case

Rodin & Rodin for plaintiff.

Alvin M. Stein and Arthur Bergner, appearing specially for Henry Witty, defendant.

Henry I. Fillman, appearing specially for De Mornay-Bonardi Corp., defendant.

David W. Kahn, appearing specially for Richard De Mornay, defendant.

CHARLES J. BECKINELLA, J.

This is an application by defendants Richard De Mornay, Henry Witty and De Mornay-Bonardi Corp., who appear specially, for an order vacating and setting aside the service of the summons upon them.

The voluminous papers presented to the court establish that the plaintiff instituted a prior action in the United States District Court, Southern District, in 1949 against the individual...

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