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GURWITZ v. VIM ELEC. CO.

11 Misc.2d 890 (1958)

Harry Gurwitz, Plaintiff, v. Vim Electric Co., Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Garod Electronics Corp., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

Supreme Court, Appellate Term, First Department.

January 30, 1958.

Attorney(s) appearing for the Case

Arthur J. Homans for appellant.

Seymour J. Ugelow for respondents.

HECHT, J. P., AURELIO and TILZER, JJ., concur.

Per Curiam.

Upon the record presented, it does not appear that the default was willful; rather, if service was made, it was an excusable default. Although the alleged service of the third-party summons and complaint was made on July 24, 1950, the case was tried on May 25, 1956, nearly six years later. George Sheridan, the person upon whom the alleged service was made, is now deceased. His precise habits in forwarding all process served upon him to the office...

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