WOLF v. 120 MIDDLETON REALTY


31 Misc.2d 668 (1961)

Edythe Wolf, Plaintiff, v. 120 Middleton Realty Corp. et al., Defendants.

Supreme Court, Special Term, Kings County.

October 13, 1961


Attorney(s) appearing for the Case

Newman, Aronson & Neumann for plaintiff. William J. Connolly for defendant.


BENJAMIN BRENNER, J.

This is an action to foreclose a mortgage in which the defendant owner moves to vacate the appointment of a receiver which was made, ex parte, immediately following service of a summons and complaint on the Attorney-General's office without notice to and before process was served on said defendant owner. It is claimed that the court lacked jurisdiction in that the affidavit of service had not been filed prior to the appointment of...

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