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SALINGER v. HOLLANDER

19 A.D.2d 559 (1963)

Paul Salinger, as Limited Administrator of The Estate of Sophie Salinger, Deceased, Respondent, v. Eli Hollander et al., Defendants, and Bertha Hollander, Appellant

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

May 27, 1963

Order modified by striking therefrom the proviso as to the filing of the note of issue. As so modified, order affirmed, without costs.

For having failed to serve the complaint within 20 days (and in fact for more than one year) after defendant's demand therefor, the plaintiff was in default (Civ. Prac. Act, § 257). No motion had been made by plaintiff to open the default although this clearly was the proper procedure (Borreggine v. Di Ponzio,

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