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ERALE v. EDWARDS

47 Misc.2d 213 (1965)

Catherine Erale et al., Plaintiffs, v. Julia Edwards, Defendant.

Supreme Court, Special Term, Suffolk County.

July 7, 1965

Attorney(s) appearing for the Case

Alexander B. Erale for plaintiffs. Curtis, Hart & Munro for defendant.

HENRY TASKER, J.

Action for personal injuries and property damage. Plaintiffs move pursuant to CPLR 3211 (subds. [b], [c]) to dismiss defendant's affirmative defense of improper service of the summons and complaint.

The accident occurred on June 15, 1962; plaintiffs allegedly served a summons and complaint on defendant on April 1, 1965. Defendant's attorneys appeared and obtained an extension of time...

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