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CERF v. ACKERLY

30 A.D.2d 687 (1968)

Robert Cerf, Respondent, v. Milford H. Ackerly, Appellant

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

June 17, 1968

Order dated December 19, 1967, reversed insofar as appealed from, on the law and the facts, without costs, and motion to dismiss the action granted. Appeal from order dated November 15, 1967, dismissed, without costs.

That order was superseded by the order on reargument and renewal (Alpert v. Alpert, 20 A.D.2d 560). The action was commenced by service of a summons only in January, 1964. On January 29, 1964, defendant appeared...

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