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TYNAN v. O'REILLY

79 Misc.2d 167 (1974)

Madeline R. Tynan, Respondent, v. John R. O'Reilly, Appellant.

Supreme Court, Appellate Term, Second Department.

August 6, 1973 and January 28, 1974

Attorney(s) appearing for the Case

John R. O'Reilly, appellant pro se. Arthur Kaplan for respondent.

GROAT, P. J., and CONE, J., concur; RINALDI, J., taking no part.

MEMORANDA.

Matter remanded to the court below for a hearing on the issue of service, pending the outcome of which the appeal is held in abeyance.

In view of the conflicting affidavits, the validity of the motion for summary judgment in lieu of complaint cannot be resolved without a hearing. We note, however, that if the defendant was personally served, the return date of the motion was timely (CCA §§ 1004...

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