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MATTER OF CITY OF NEW YORK v. CHRISTENSEN

30 A.D.2d 700 (1968)

In the Matter of The City of New York, Respondent, v. Verner Christensen et al., as Assessors of The Town of Wappinger, Appellants

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

June 24, 1968

Reversed, on the law and the facts, without costs, and appellants' motion to dismiss the petition and proceeding granted. Matter of Putterman v. Tvedt (28 A.D.2d 852) is dispositive of the issues presented here.

However, it is pertinent to note that the charges and countercharges and the proffered issue of credibility of witnesses concerning the surrounding circumstances of an admittedly improper service of process illustrate...

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