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ZUCKER v. BAKER

35 Misc.2d 841 (1962)

Lillian Zucker, as Administratrix of The Estate of Marvin J. Zucker, Deceased, Plaintiff, v. William B. Baker et al., Defendants.

Supreme Court, Special Term, Queens County.

June 20, 1962

Attorney(s) appearing for the Case

Fuchsberg & Fuchsberg (Murray J. Kaplan of counsel), for plaintiff. Thomas F. Keane for Massachusetts Institute of Technology, defendant.

GEORGE P. STIER, J.

This is a motion by the plaintiff to confirm the report of HON. SAMUEL S. TRIPP, Special Referee, dated May 9, 1962, to whom was referred motions by the defendant Massachusetts Institute of Technology (hereinafter referred to as M. I. T.) to vacate the service of process upon it.

After summarizing the evidence adduced at the hearing, the learned Special Referee reported as follows:

"Basically there is no dispute between...

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