LOUIS R. SHAPIRO, INC. v. MILSPEMES CORP.


20 A.D.2d 857 (1964)

Louis R. Shapiro, Inc., Appellant, v. Milspemes Corporation, Respondent

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

April 2, 1964


Order, entered on November 15, 1963, unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion to dismiss the complaint denied, with $10 costs.

In March, 1962 plaintiff commenced an action by service of a summons with notice. No complaint was served. By motion returnable February 26, 1963 plaintiff sought leave to serve a complaint. The motion was denied with leave to renew on proper papers, including an affidavit of merits...

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