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CAPUANO v. ZOLLA

10 Misc.2d 96 (1958)

Rose Capuano, Plaintiff, v. Frank Zolla et al., Defendants.

Supreme Court, Kings County.

March 17, 1958.

Attorney(s) appearing for the Case

Marie M. Lambert for plaintiff.

William J. Kenny for Franklin Co. Contractors, Inc., defendant.

FRANK E. JOHNSON, Off. Ref.

Testimony has been taken, and a brief submitted, under the order to hear and determine a motion by a defendant corporation to vacate a service of the summons and complaint herein. Proof came first on the service of those papers, but it later developed that the real question was not whether service was duly made but whether the moving party had waived the right to make such motion...

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