McGUIRE v. BENTLEY


55 A.D.2d 862 (1976)

Susan McGuire et al., Appellants, v. Kathleen Bentley et al., Respondents

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

August 25, 1976


Order and judgment reversed, without costs or disbursements, motion granted, and proceeding remanded to Special Term for further proceedings not inconsistent herewith.

In our view, under the facts and circumstances shown, the appearance in this proceeding by the respondent voters constituted a waiver of any defects in personal service, thereby conferring upon the court jurisdiction over their persons. The procedure best suited for determining whether the respondent...

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