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REPORTER CO., INC. v. TOMICKI

60 A.D.2d 947 (1978)

Reporter Company, Inc., Respondent, v. John J. Tomicki, Jr., et al., Defendants, and Edwin C. Stokes, Appellant

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

January 19, 1978

Appellant Stokes was served by substituted service (CPLR 308, subd 4). Stokes failed to make a timely appearance in the action and a default judgment was entered. Plaintiff did not file the requisite proof of service within 20 days of service of summons (CPLR 308, subd 4). In fact, the proof of service was filed and entered with the judgment. Appellant moved to dismiss the complaint (CPLR 3211, subd 8) and plaintiff cross-moved for an order, nunc pro tunc, to correct...

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