ISER, INC. v. GARNETT


46 Misc.2d 450 (1965)

William Iser, Inc., Plaintiff, v. Paula H. Garnett et al., Defendants.

Supreme Court, Special Term, Nassau County.

April 30, 1965


Attorney(s) appearing for the Case

Stull & Stull for plaintiff. Joseph D. Stim for defendants.


MARIO PITTONI, J.

This motion to cancel a lis pendens filed before the commencement of an action presents the question of whether completion of substituted service must be effected within the 30-day period following the filing of the notice of pendency of the action.

The facts of the case are undisputed. The lis pendens was filed on February 17, 1965, and substituted service of summons...

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