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WEBB v. STANKER AND GALETTO, INC.

84 N.J. Super. 178 (1964)

201 A.2d 387

DAVID WEBB, JR., PLAINTIFF, v. STANKER AND GALETTO, INC., ET AL., DEFENDANTS-THIRD-PARTY PLAINTIFFS-APPELLANTS, v. U.S. PLYWOOD EXPORT CORP., ET AL., THIRD-PARTY DEFENDANTS, AND EARTH MOVERS INC., THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 11, 1964.

Attorney(s) appearing for the Case

Mr. Jay H. Greenblatt argued the cause for Earth Movers, Inc., respondent (Messrs. Greenblatt & Greenblatt, attorneys).

Mr. Augustine A. Repetto argued the cause for Stanker and Galetto, Inc., et al., appellants.

No appearance for any other party.

Before Judges GAULKIN, FOLEY and LEWIS.

The opinion of the court was delivered by GAULKIN, S.J.A.D.

Stanker and Galetto, Inc., a New Jersey corporation (hereafter Stanker), filed a third-party complaint against Earth Movers, Inc., a Delaware corporation. Earth Movers was served by certified mail, pursuant to R.R. 4:4-4(d). The trial court granted Earth Movers' motion to set aside the service, and Stanker appeals.

The motion was heard on affidavits. The following facts appear from the pleadings...

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