GRAHAM v. CHESTER


60 A.D.2d 523 (1977)

Hattie Graham, as Administrator of The Estate of Henry A. Graham, et al., Respondents, v. Augustus Chester, Appellant

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

December 6, 1977


Unanimously reversed, without costs and without disbursements, on the law and the facts, and the defendant's cross motion to dismiss is granted unless plaintiffs' attorneys pay $500 to the defendant within 30 days of service upon plaintiff of a copy of the order to be entered herein with notice of entry. If such condition is met, the order is affirmed, without costs and without disbursements.

In this wrongful death action, service of summons was made upon the Secretary...

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