Concourse Super Service Station, Inc. v. Price
New York Supreme Court
1Opinion of the CourtGeorge Tilzer, J.
This is a motion to set aside the services of summonses made on February 15, 1962, pursuant to section 227-a of the Civil Practice Act. The issue herein may be readily determined by ascertaining if said services were made during the pendency of the other action.
Defendants contend that the other action was not pending at the time of the services of the summonses. They state that a trial of the issues in the other action was held in October, 1961; that the court made its findings of fact and decision on December 26,1961, directing judgment in favor of the defendants therein ; that on January…
2Cases cited2 opinions
- Bailey v. BaileyAppellate Division of the Supreme Court of the State of New York · 1943
- Marsh v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by7 opinions
- Knapek v. MV Southwest CapeAppellate Division of the Supreme Court of the State of New York · 1985
- Coclin Tobacco Co., Inc., Creditor v. Robert J. Griswold, Trustee, in the Matter of Louis G. Greenfield, BankruptCourt of Appeals for the First Circuit · 1969
- Banco do Brasil v. Madison Steamship Corp.New York Supreme Court · 1970
- Clougherty v. Royal Insurance CompanySupreme Court of Rhode Island · 1967
- In re the Arbitration between Diamond & Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1962
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