FLANNERY v. STEWART


22 A.D.2d 786 (1964)

Joseph J. Flannery et al., Respondents, v. Fred Stewart, Appellant

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

November 24, 1964


Order, entered on April 2, 1964, vacating an order dated November 21, 1963 which dismissed the action for failure to timely serve the complaint, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to appellant, and the motion to vacate denied.

This action seeking a recovery of $2,500,000 for libel was commenced by service of a summons on February 5, 1963. Defendant appeared on February 25, 1963 and demanded...

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