In a prior action, defendant Nolan retained defendant Harley, an attorney, to prosecute an action for breach of contract and defamation against the plaintiff Gifford. Harley prepared a summons with notice which other defendants allegedly served on plaintiff pursuant to CPLR 308 (subd 4). An affidavit of service was filed January 14, 1976.
On February 17, 1976, before plaintiff had appeared...
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