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  5. 25 A.D.2d 923 (1966)
 

LEHIGH VALLEY R.R. CO. v. NORTH AM. VAN LINES, INC.

25 A.D.2d 923 (1966)

Lehigh Valley Railroad Co., Respondent, v. North American Van Lines, Inc., Defendant, and Mildred M. Linton, as Committee of James K. Linton, Appellant

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

May 20, 1966

REYNOLDS, J.

On November 16, 1965 appellant was served with a summons without a complaint and on December 8, 1965 in turn served a notice of appearance and a demand for the complaint. When the complaint was not forthcoming by January 5, 1966 appellant brought the instant motion to dismiss the action. On January 11, 1966 respondent mailed a copy of the complaint which was returned by the appellant. Special Term...

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