WADE v. MIELE


34 A.D.2d 656 (1970)

George E. Wade, Jr., et al., Respondents, v. Joseph Miele et al., Appellants

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

April 6, 1970


Order reversed, with $50 costs and disbursements, on the law and the facts, and motion granted.

The accident which gave rise to the action occurred on September 23, 1964 and plaintiffs, husband and wife, served their summons with notice on one defendant on September 15, 1967 and on the other defendant on September 26, 1967. Defendants served plaintiff-husband, who also is acting as plaintiffs' attorney, with their notice of appearance and demand for the complaint...

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