Wilkerson v. City of Utica

This motion is brought to declare a summons dated and served on the defendant City of Utica on October 7, 1968 a nullity.

The basis for the motion is the death of the plaintiffs’ attorney (whose name appears on the summons in that capacity) on October 6,1968 the date preceding service. The summons, which is the ordinary printed form, has the date “ 7 ” “ Oct.” “ 68 ” inserted handwritten in ink. A letter from the Corporation Counsel’s office to the insurance carrier dated November 29, 1968 states that the summons was served “ on Fred Nassar, Corporation Counsel ’ ’ on October 7, 1968.

The…