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LOPEZ v. PERRY

53 Misc.2d 445 (1967)

Robert Lopez et al., Plaintiffs, v. Frank J. Perry, Jr., et al., Defendants.

Supreme Court, Special Term, Kings County.

April 4, 1967

Attorney(s) appearing for the Case

Curtis & Lederman (Victor P. Zodda of counsel), for plaintiffs.

William R. Johnson for defendants.

THEODORE D. OSTROW, J.

Plaintiffs move for summary judgment in lieu of a complaint against the defendants pursuant to CPLR 3213, and the defendants cross-move pursuant to CPLR 305 (subd. c) directing plaintiffs to amend the summons to recite their exact street and house number in the County of Kings wherein they reside and further vacating the service of the summons upon the defendant Catherine Perry.

The plaintiffs' motion arises out of a contract...

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