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MAUSHART v. KELLY

10 A.D.2d 630 (1960)

Elizabeth A. Maushart, Also Known as Elizabeth A. M. Smith, Respondent, v. Joseph A. Kelly, Appellant, et al., Defendant

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

February 8, 1960

Motion to dismiss appeal denied, without costs.

Appellant's request for, and receipt of, a stipulation extending his time to answer or move with respect to the complaint, subsequent to his special appearance and after the denial of his motion to vacate the service of the summons and complaint, did not constitute a general appearance or a waiver of his right to object to the jurisdiction of the court. If appellant had served an answer after the denial of his motion...

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