WALSH v. SMITH


50 A.D.2d 997 (1975)

Marie Walsh, Appellant, v. Milton T. Smith, Respondent

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

December 18, 1975


On April 16, 1973 plaintiff instituted this action by service of a summons, and on May 17 a complaint was served alleging a number of contract and tort causes of action, arising out of $20,000 allegedly given to defendant in 1963. After motions by defendant to dismiss plaintiff's first complaint proved unsuccessful, plaintiff served an amended complaint on August 1, 1973. Defendant attempted to answer on September 17, 1973, but plaintiff's counsel rejected and returned this...

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