LAGIN v. LAGIN


57 A.D.2d 775 (1977)

Herbert Lagin et al., Respondents, v. Edward Lagin et al., Appellants

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

May 17, 1977


This action was commenced by personal service of a summons alone in September, 1971. The original and first amended complaints sought only declaratory and equitable relief. By this motion plaintiffs seek, for the first time, to recover monetary damages. Defendants, after being personally served, appeared generally and actively participated in this action. Having appeared herein in response to service of a summons alone, defendants would not be prejudiced by a proper amendment...

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