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MOFFETT v. LOGAN

15 Misc.2d 734 (1958)

Yole L. Moffett, Plaintiff, v. John T. Logan, Defendant.

Supreme Court, Special Term, New York County.

December 17, 1958.

Attorney(s) appearing for the Case

Lynch, Smith & Asch for defendant appearing specially.

Robert E. Dempsey for defendant.

Henry M. Beilman for plaintiff.

FRANCIS X. CONLON, J.

The defendant moves to vacate the service of the summons and complaint on the ground of improper service. By cross motion the plaintiff moves to consolidate an action pending in Putnam County, instituted by the service of a summons without a complaint, arising out of the same accident on which plaintiff's case is based and between the same parties.

It is conceded that the defendant...

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