MOONEY v. CARDILLO


49 A.D.2d 854 (1975)

Donald F. Mooney, Respondent, v. Joseph Cardillo, Jr., Appellant

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

October 23, 1975


The instant action for an accounting of a now dissolved law partnership was purportedly commenced by substituted service on March 10, 1969. Defendant timely served a notice of appearance and demand on April 18, 1969. No further formal action was taken in the lawsuit until plaintiff attempted to serve his complaint on April 1, 1974. While the referee's recommendation sustaining in personam jurisdiction is questionable in view of the equivocal affidavit of service executed...

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