PASKUS, GORDON & HYMAN v. PECK


41 Misc.2d 1004 (1964)

Paskus, Gordon & Hyman, Plaintiffs, v. Theodore Peck et al., as Executors of Eleanor Peck, Defendants.

Civil Court of the City of New York, Special Term, New York County.

February 14, 1964


Attorney(s) appearing for the Case

Martin J. Hertz for defendants. Paskus, Gordon & Hyman, plaintiffs in person.


EUGENE M. McCARTHY, J.

This is a motion to dismiss the summons and vacate the service thereof on the ground that the summons does not contain the indorsement required by section 902 (subd. [a], par. [1]) of the New York City Civil Court Act.

Section 401 of said Act provides that the summons shall be in such form as may be provided by rule. Rule II (subd. [a]) of the rules of this court (then in effect...

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