SMITH v. KAISER


40 Misc.2d 151 (1963)

Kenneth R. Smith, Plaintiff, v. Kenneth E. Kaiser et al., Defendants.

Supreme Court, Seneca County.

February 15, 1963


Attorney(s) appearing for the Case

Bonney & Nicit (John J. Nicit of counsel), for plaintiff. William K. Atchinson, Jr., for defendants.


CHARLES LAMBIASE, J.

Plaintiff has been ordered to show cause "why an order should not be made vacating and setting aside the judgment and opening the default of the defendants herein, and why the defendants should not have such other and further relief as to this Court may seem just and proper in the premises." (Show Cause Order dated December 20, 1962.)

The defendants in this action were personally served on December 27, 1961 with a summons...

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