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MANALICH v. CAMPANIA CABANA DE AVIACION

28 Misc.2d 136 (1960)

Ovidio Manalich, Plaintiff, v. Compania Cubana De Aviacion, S. A., Defendant.

Supreme Court, Special Term, Kings County.

October 17, 1960

Attorney(s) appearing for the Case

Harold L. Fisher and Ross Di Lorenzo for James S. Conway, as temporary receiver. Bernard P. Lambert and Rabinowitz & Boudin for defendant. Brinsmade & Schafrann for plaintiff.

JOHN E. CONE, J.

The defendant moves to vacate an ex parte order made pursuant to section 977-b of the Civil Practice Act. [See, also, 12 A.D.2d 486.] The basis for the order was that personal service of the summons could not be effected within the State of New York with due diligence and that defendant, a foreign corporation having assets, credits and other property in New York, has been nationalized and has ceased...

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