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GALLAGHER v. CITY OF NEW YORK

19 A.D.2d 623 (1963)

Ann K. Gallagher, as Administratrix of The Estate of Edith A. Gallagher, Deceased, Respondent, v. City of New York, Appellant

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

June 3, 1963

Order reversed, without costs, and motion denied.

This action was commenced by the service of a summons on November 1, 1958. The defendant on November 6, 1958 entered a general appearance and demanded a copy of the complaint. In April, 1961, almost two and one-half years after service of the summons, plaintiff's attorney served a complaint upon defendant which was promptly returned by defendant as untimely. Thereafter, plaintiff moved to open the default and for an...

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