MICERA v. CICCOTTA


40 Misc.2d 622 (1963)

Frances Micera et al., Plaintiffs, v. Phillip Ciccotta, Defendant.

Supreme Court, Special Term, Kings County.

September 30, 1963


Attorney(s) appearing for the Case

Schafner & Lawless for defendant. Starley P. Danzig for plaintiffs.


EDWARD G. BAKER, J.

Motion to set aside service of summons. A prior action had been commenced in which, on December 20, 1960, an order was made striking the complaint unless plaintiffs appear for an examination before trial on January 4, 1961. On January 9, 1961, judgment striking the complaint was entered on proof that plaintiffs had not so appeared. The complaint was stricken pursuant to the provisions of section 299 of the Civil Practice Act for willful...

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