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  5. 57 A.D.2d 648 (1977)
 

H. K. WEBSTER STORES OF N. Y., INC. v. SUNNYSIDE UP, INC.

57 A.D.2d 648 (1977)

H. K. Webster Stores of N. Y., Inc., Respondent, v. Sunnyside up, Inc., Appellant

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

April 7, 1977

The summons and complaint herein were originally served on May 18, 1974. Defendant served motion papers contending the summons and complaint were improperly served on the general manager of the operator of a poultry hatchery on premises owned by Max and Beatrice Brender. The plaintiff claimed the papers had been served on Max Brender. Before the return date of the motion to dismiss for lack of jurisdiction the defendant served an answer and withdrew the motion. From May 18...

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