SARACENO v. PISCOPO


16 A.D.2d 735 (1962)

Peter F. Saraceno, Respondent, v. Justin Piscopo et al., Doing Business as Hamilton Hotel Company, Utica, New York, Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 5, 1962


Order insofar as appealed from unanimously reversed, with $25 costs and disbursements, and defendants' motion to dismiss the complaint granted unconditionally, with $10 costs.

Memorandum:

Defendants moved on September 19, 1961, to dismiss the complaint for failure to serve a copy thereof. The moving papers established that the summons was served on October 20, 1960. Notice of appearance was served on November 9, 1960. Thus on the return of the motion plaintiff...

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