TERRY CONTRACTING, INC. v. TUFANO CONTRACTING CORP.


29 A.D.2d 746 (1968)

Terry Contracting, Inc., et al., Respondents-Appellants, v. Tufano Contracting Corporation, Appellant-Respondent

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

February 15, 1968


Order entered December 20, 1966, directing a hearing before a Referee on the issue of service of process and holding motion and cross motion in abeyance, unanimously reversed, on the law and the facts, without costs or disbursements, and motion and cross motion denied.

In this contract action defendant pleaded lack of jurisdiction due to failure of service of process. Defendant then moved for a preliminary trial by jury of the issue of service and plaintiffs cross...

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