CONCOURSE SERV. STA. v. PRICE


33 Misc.2d 503 (1962)

Concourse Super Service Station, Inc., Plaintiff, v. Harold Price et al., Defendants.

Supreme Court, Special Term, Bronx County.

March 15, 1962


Attorney(s) appearing for the Case

Harold J. Morse for defendants appearing specially. Bergner & Bergner (Walter Bergner of counsel), for plaintiff.


GEORGE TILZER, J.

This is a motion to set aside the services of summonses made on February 15, 1962, pursuant to section 227-a of the Civil Practice Act. The issue herein may be readily determined by ascertaining if said services were made during the pendency of the other action.

Defendants contend that the other action was not pending at the time of the services of the summonses. They state that a trial of the issues in the other action was held...

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