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KNITS `N' TWEEDS, INC. v. JONES NEW YORK

No. 77 C 2428.

442 F.Supp. 1129 (1978)

KNITS `N' TWEEDS, INC., Plaintiff, v. JONES NEW YORK and Jones Apparel Group, Inc., Defendants.

United States District Court, E. D. New York.

January 5, 1978.

Attorney(s) appearing for the Case

Sol Horenstein, Babylon, N. Y., for plaintiff.

Becker, Ross & Stone, New York City (Howard Justvig, New York City, of counsel) for defendants.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

The question before me is whether plaintiff's service of a summons and complaint upon defendant's receptionist on November 22, 1977, was adequate under N.Y.C.P.L.R. § 311(1) to commence an action in New York State Supreme Court. Defendants, who removed the action to this court from the state court, have now moved for an order dismissing the action under Fed. Rule 12(b)(5).

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