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TASHLICK v. WHARTON INDUS., INC.

42 N.Y.2d 922 (1977)

Irving Tashlick, Respondent, v. Wharton Industries, Inc., et al., Defendants, and Saul Warshaw, Appellant.

Court of Appeals of the State of New York.

Decided June 30, 1977.

Attorney(s) appearing for the Case

Bernard Ouziel and Howard Veisz for appellant.

Leonard N. Shapiro for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division. Further, the record discloses that the process server did attempt, with due diligence, to serve the summons upon the appellant pursuant to CPLR 308 (subd 2). Question certified answered in the...

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