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SIMKINS v. GRUENSPAN

118 Misc.2d 107 (1983)

Sacha Simkins, Plaintiff, v. Joshua Gruenspan et al., Defendants.

Supreme Court, Special Term, New York County.

January 6, 1983

Attorney(s) appearing for the Case

Satterlee & Stephens for Joshua Gruenspan and others, defendants. Stroock, Stroock & Lavan for Bank Hapoalim, defendant. Shea & Gould for plaintiff.

IRA GAMMERMAN, J.

All defendants except Bank Hapoalim, B.M., move pursuant to CPLR 6223 to vacate an order of attachment previously obtained, based on the failure of the plaintiff to serve a summons on these individual defendants within 60 days as required by CPLR 6213. Plaintiff opposes the motion maintaining that the individual defendants have appeared thereby waiving the necessity of that service.

All of the individual parties are citizens...

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