ABRAMS v. BARNES


16 A.D.2d 936 (1962)

George Abrams et al., Respondents, v. Gordon Barnes, Appellant, et al., Defendant

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

June 11, 1962


Order reversed, without costs; and motion granted, without costs, upon condition that, within 10 days after the service of a copy of the order to be entered hereon, defendant Barnes shall serve his answer and pay the sum of $300 to plaintiffs and their attorneys for the expenses incurred and the services rendered by reason of his default.

In our opinion, the alleged carelessness of the moving defendant's insurance carrier in losing the copy of the summons and complaint...

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