Schulze v. Pray

Motion to cancel a notice of pendency of action on the ground that the summons was not served on a defendant within 60 days after the filing of said notice of pendency.

*738The Sheriff of Nassau County is a named defendant in this action. It is alleged in paragraph “ 9 ” of the movant’s affidavit dated April 17, 1958 that the Sheriff has not been served with the summons and complaint. An affidavit of Jesse P. Combs, the Sheriff, contains the averment that service on him was made of “ a set of legal papers ’ ’ on February 10, 1958 pursuant to an order to show cause signed by Mr. Justice Ritchie and…