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MAUSHART v. KELLY

10 A.D.2d 635 (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

Order affirmed, with $10 costs and disbursements.

Appellant, if so advised, may serve and file his answer within 10 days after the entry of the order hereon. There was testimony by the process server, received without objection, that he served one of the two defendants, and that the one whom he served had stated that the other was on Fire Island. Paul M. Kelly testified that he was the defendant who was on Fire Island. Concededly, the summons and complaint were forwarded...

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