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COHEN v. ELLENVILLE LUMBER CO. INC.

4 A.D.2d 976 (1957)

Samuel Cohen, Appellant, v. Ellenville Lumber Co. Inc., et al., Respondents

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

November 15, 1957

It appears from the answer and the exhibits annexed thereto that the respondent lumber company had previously sued appellant for goods sold and delivered and obtained judgment by default. Appellant thereafter moved in that action, by order to show cause, for an order to compel the lumber company to accept service of his answer, on the ground that the same had been timely served and improperly rejected, and for "such other, different...

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