Leone v. City of New York

This is a motion by the City of New York to vacate service of the summons and to dismiss the complaint on the ground that no proper service was made upon it. The summons and complaint were served by registered mail and retained by the defendant for several months, from February 9, 1952, to May 20, 1952, when the motion papers herein were served. During that time, at the request of the city, by stipulations on the printed form used by the corporation counsel, the time of the city to answer or make any motion with respect to the complaint was extended from time to time to May 21, 1952. Had the…