BARNARD v. POSTLE


12 A.D.2d 670 (1960)

Henry J. Barnard, Doing Business as Guaranteed Drilling Company, Respondent, v. David E. Postle, Appellant

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

December 2, 1960


Plaintiff seeks to recover $2,139.12 for work, labor and services which he alleges were performed pursuant to an agreement with the defendant. The summons was served on January 30, 1956. The defendant appeared on February 14, 1956. The complaint and a note of issue were mailed to defendant's attorney on September 23, 1958. Defendant's attorney accepted the service but reserved the right to move with respect to the pleadings. It is a fair inference that the rather loose practice...

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