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SCHWAB TRUCKING v. MONROE CO. AUTH.

32 Misc.2d 675 (1962)

Schwab Brothers Trucking, Incorporated, Plaintiff, v. Monroe County Water Authority et al., Defendants.

Supreme Court, Special Term, Monroe County.

January 2, 1962

Attorney(s) appearing for the Case

Oviatt, Gilman, O'Brien, Forman & Clarke (Dante Gullace of counsel), for Metcalf & Eddy Engineers, defendants. Laverne, Liebschutz, Pirrello & Prato (Samuel F. Prato of counsel), for plaintiff.

CLARENCE J. HENRY, J.

This is a motion on behalf of the defendants, Metcalf and Eddy Engineers, for an order setting aside service of the summons herein, insofar as they are concerned, on the ground that they were not properly served under the provisions of section 229-b of the Civil Practice Act.

No complaint has yet appeared in the action.

Affidavits submitted by these defendants describe them...

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