VAZZANA v. HORN


42 Misc.2d 989 (1964)

Anthony Vazzana, Plaintiff, v. Morris Horn et al., Defendants.

Supreme Court, Special Term, Kings County.

February 17, 1964


Attorney(s) appearing for the Case

Marvin, Montfort, Healy, McGuire & Salley for Morris Horn, defendant. Milton Cohen for plaintiff.


CHARLES J. BECKINELLA, J.

I.

Defendant's motion to preclude is granted unless plaintiff serves a bill of particulars within 20 days after service of a copy of the order to be entered hereon.

II.

Plaintiff's cross motion is to strike out the affirmative defense (7) that the summons was not served personally upon the defendant Morris Horn. Mr. Horn, in an affidavit, says he found the summons "slipped under" his front door.

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