PETROSSI ASPHALT CORP. v. SCAGLIOLA


5 A.D.2d 805 (1958)

Petrossi Asphalt Corporation, Respondent, v. Marcello Scagliola, Appellant

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

January 22, 1958


Order affirmed, without costs of this appeal to either party.

Memorandum:

The provision of the ex parte order of April 11, 1947 purporting to discontinue the action was plainly improper. We do not reach the question of whether the action was ever instituted by service of the summons and complaint, or whether the action should be deemed...

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