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ALOISI v. DEATON

36 Misc.2d 251 (1962)

Frank Aloisi et al., Plaintiffs, v. James L. Deaton, Defendant.

Supreme Court, Special Term, Queens County.

August 23, 1962

Attorney(s) appearing for the Case

Corrado & Corrado for plaintiffs. Cymrot & Wolin for defendant appearing specially.

CHARLES MARGETT, J.

Attorneys appearing specially for the defendant in a negligence action move to vacate the order of this court dated April 27, 1962, authorizing substituted service and to set aside the service of a summons and complaint made pursuant to the order.

It is contended that since the plaintiffs have not presented proof that the defendant has absented himself from the State or that he is...

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