SARLIE v. NIESENBAUM


23 Misc.2d 211 (1960)

Jacques Sarlie, Plaintiff, v. David Niesenbaum et al., Defendants.

Supreme Court, Special Term, New York County.

March 4, 1960.


Attorney(s) appearing for the Case

Squadron & Alter (David Alter and Hubert Thurschwell of counsel), for defendants appearing specially.

Corcoran, Kostelanetz, Gladstone & Lowell (Boris Kostelanetz and Thomas F. Ryan of counsel), for plaintiff.


ARON STEUER, J.

There are two motions before the court, one to set aside service of a summons and one to vacate the service of a subpœna. Both were served at the same time though upon different persons.

The moving party in the case of the summons is David L. Subin. Prior to the service of the summons there were already two actions pending between these parties in one of which Subin was plaintiff and in the other defendant. He is a resident...

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