BUCKNER v. D & E MOTORS


53 Misc.2d 382 (1967)

Mary E. Buckner, Plaintiff, v. D & E Motors, Inc., Defendant.

Supreme Court, Special Term, Erie County.

April 10, 1967


Attorney(s) appearing for the Case

Brownstein, Canale, Madden & Brownstein (Joel Brownstein of counsel), for defendant. Harold A. Adel and Charles Weston for plaintiff.


MATTHEW J. JASEN, J.

Defendant moves to vacate the alleged service of the summons in this action, upon the ground that service was not made in accordance with CPLR 311 (subd. 1).

It appears that the accident out of which this cause of action arose, occurred on November 27, 1963. After negotiations between the parties to effect a settlement were unavailing, plaintiff instituted this action.

On November 26, 1966, an attorney went to the...

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