COOK v. YUHASZ


5 A.D.2d 947 (1958)

Bayard Cook, Appellant, v. Anna E. Yuhasz, as Administratrix of The Estate of Gus G. Yuhasz, Deceased, Respondent. (Action No. 1.) Anna E. Yuhasz, as Administratrix of The Estate of Gus G. Yuhasz, Deceased, Respondent, v. County of Albany et al., Appellants. (Action No. 2.)

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

March 27, 1958


Action No. 1 was first commenced by service of a summons but the complaint therein was not served until after service of the summons and complaint in Action No. 2, with the result that Action No. 2 was first at issue. No basis appears for questioning, as the attorney for Mr. Cook in his plaintiff's action would have us do, either the propriety or the effect of the extension of time to answer granted the attorneys for Mr. Cook in the action in which he is a defendant, upon...

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