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SCHLICHTER v. SCHULTHEIS

26 A.D.2d 939 (1966)

Werner Schlichter, Appellant, v. Edward Schultheis, Respondent

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

November 7, 1966

Order reversed, with $10 costs and disbursements, motion denied and action directed to be restored to the Trial Calendar.

In February, 1962, a summons and complaint were served upon defendant, who was then an infant. On August 6, 1963, he was examined before trial. On August 11, 1963, he became 21 years old; and, on September 20, 1963, he executed a transcript of his pretrial examination. Thereafter, when the action appeared...

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