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ELMHURST IRON WORKS, INC. v. ALBERT ALFIERI GEN. CONTRACTING CO., INC.

45 A.D.2d 971 (1974)

Elmhurst Iron Works, Inc., Respondent, v. Albert Alfieri General Contracting Co., Inc., Appellant

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

September 30, 1974

Order reversed, without costs, and motion granted.

The answer to the complaint must be served within 20 days after service of a copy of the order to be entered hereon, with notice of entry. Vacatur of the default judgment should have been granted. After service of the summons, defendant's original counsel served a notice of appearance, but died before any complaint was served. Plaintiff instead served the complaint on defendant...

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