Coleman Capital Corp. v. Trans Urban Construction Co.

On the court’s own motion, my decision dated February 14, 1967 is hereby amended and republished to read as follows:

Defendant seeks to vacate and set aside the order of attachment secured by the plaintiff on December 14, 1966, to set aside all levies made thereunder and to cancel and vacate the undertaking posted by defendant, on the ground that the summons herein was not served upon the defendant within 30 days after the order was granted. Admittedly the summons and complaint were not served within said 30-day period as required by CPLR 6213.

Defendant, within such 30-day period, had secured…