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A. B. C. CARPET CO. v. MINICK, INC.

45 A.D.2d 566 (1974)

A. B. C. Carpet Co., Inc., Plaintiff, v. Jason Minick, Inc., Appellant, et al., Defendants, and Sandy's Upstate Building Supply, Inc., Respondent

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

October 31, 1974.

Attorney(s) appearing for the Case

O'Connell & Aronowitz, P. C. (Fred B. Wander of counsel), for appellant.

Kleinman & Saltzman (George A. Roland of counsel), for respondent.

COOKE, SWEENEY, KANE and REYNOLDS, JJ., concur.

HERLIHY, P. J.

The action herein was commenced on January 6, 1971 by the service of a summons and complaint on behalf of the plaintiff. The statement required by CPLR 5531, attached to the record herein, recites that the defendant Jason Minick, Inc. [hereinafter Minick] served its answer on December 27, 1972; however, the statement does not recite when and if the answer of the respondent was served, and/or when...

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