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FENCE GUILD v. FAZIO

33 Misc.2d 244 (1962)

Fence Guild, as Assignee of Pasco Fence Sales Company, Inc., Plaintiff, v. Joseph Fazio et al., Defendants.

Supreme Court, Special Term, Nassau County.

January 11, 1962

Attorney(s) appearing for the Case

William M. Higgins for defendants. Abraham Wolfson for plaintiff.

MARIO PITTONI, J.

Defendants' motion to vacate a default judgment entered against them on March 28, 1961 is denied.

The summons was served on February 24, 1961. On March 7, 1961 defendant, Joseph Fazio, sent a letter to plaintiff's attorney acknowledging receipt of the summons and stating that he intended to take the case to the Attorney-General. On March 23, 1961 plaintiff's attorney, by phone, notified defendant, "Mary" Fazio, that he would...

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