COMPANIA PANAMENA v. INT. UNION LINES


17 Misc.2d 969 (1959)

Compania Panamena Maritima San Gerassimo, S. A., Plaintiff, v. International Union Lines, Ltd., Defendant.

Supreme Court, Special Term, New York County.

May 29, 1959.


Attorney(s) appearing for the Case

Platow & Lyon (John P. Rowan of counsel), for defendant.

Poles, Grist, Tublin & Patestides (John G. Poles of counsel), for plaintiff.


HENRY EPSTEIN, J.

Defendant moves for an order vacating the attachment and all proceedings thereunder upon the ground that there has been failure of service of the summons within 30 days after the warrant was granted, as required by the provisions of section 905 of the Civil Practice Act.

The basic factual assertion is conceded and the warrant must be vacated if in fact the court does not have jurisdiction...

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