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DICKINSON v. PIERCE

23 Misc.2d 941 (1960)

Mabel Dickinson, Respondent, v. Annabelle Pierce, Appellant.

Supreme Court, Appellate Term, Second Department.

January 29, 1960.

Attorney(s) appearing for the Case

De Lukey & Shapiro (Stanley Shapiro of counsel), for appellant. Donald J. Turrell and Harold L. Weiss for respondent.

Concur — HART, DI GIOVANNA and BROWN, JJ.

Per Curiam.

The conflicting assertions in the affidavits submitted by the parties on the motion on the question of service should not have been resolved without a hearing. (Krantz v. Salvio, 283 App. Div. 965; Raynor v. Steinfield, 261 App. Div. 929; Gaines v. Bryant Park Bldg., 28 N.Y.S.2d 215, motion for leave to appeal to the Appellate Division denied 263 App. Div. 876.)

The orders should be unanimously reversed and matter remitted...

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