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DAY v. ZIMMER INC.

No. 86-CV-197.

636 F.Supp. 451 (1986)

Agnes F. DAY, Plaintiff, v. ZIMMER INC., Successor to Zimmer, U.S.A., Defendant.

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

June 16, 1986.

Attorney(s) appearing for the Case

King, Murphy, Adang & Arpey (Martin W. Pozefsky, of counsel), Saratoga Springs, N.Y., for plaintiff.

Friedman, Maksail, Hirschen & Miller (Daniel T. Gullotti, of counsel), Schenectady, N.Y., for defendant.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

On August 8, 1985, this action was commenced pursuant to New York Business Corporation Law § 306 (McKinney Supp. 1986). The defendant corporation was served, by service of a "Summons with Notice," upon the Secretary of State. No complaint was served at that time, however. On approximately August 28, 1985, defendant served upon plaintiff's attorney a Notice of Appearance and Retainer. On September...

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