This motion is brought to declare a summons dated and served on the defendant City of Utica on October 7, 1968 a nullity.
The basis for the motion is the death of the plaintiffs' attorney (whose name appears on the summons in that capacity) on October 6, 1968 the date preceding service. The summons, which is the ordinary printed form, has the date "7" "Oct." "68" inserted handwritten...
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