Physicians & Dentists Service Bureau, Inc. v. Leslie

Hilton, Justice.

Appeal from a judgment for costs against plaintiff entered upon an order of the district court granting respondent’s motion to dismiss a garnishment proceeding.

Plaintiff, as assignee, commenced this action against the defendant to recover for professional services rendered defendant. A copy of the complaint Avas filed Avith the clerk of court, together Avith an affidavit of garnishment. Thereafter a garnishment summons Avas served on the garnishee, the respondent herein, returnable before the court at special term on June 10, 1985. Plaintiff paid the garnishee the usual…