MORRIS BORTECK, INC. v. NATHANSON


35 A.D.2d 719 (1970)

Morris Borteck, Inc., Appellant, v. Jack Nathanson et al., Respondents

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

October 5, 1970


Order modified (1) by deleting the first decretal paragraph thereof, which granted judgment in defendants' favor dismissing the complaint, and (2) by substituting therefor a provision that the motion is denied insofar as it was to dismiss the complaint and granted only to the extent of vacating the default judgment and the execution issued thereon. As so modified, order affirmed, without costs.

The time within which plaintiff may serve the complaint upon defendants...

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