MARSHALL FIELD & CO. v. STERN & HERFF CORP.


15 A.D.2d 889 (1962)

Marshall Field & Company, Respondent, v. Stern & Herff Corporation, Appellant

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

March 8, 1962


Order, entered on October 19, 1961, denying defendant's motion to dismiss action for failure to serve a complaint, unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted, with $10 costs.

The action was commenced by the service of a summons on December 23, 1959. Defendant appeared and demanded service of the complaint on January 12, 1960. The complaint not having been served for 20 months thereafter, defendant, on October 2...

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