Carilli v. Bianco & Pepe, Inc.

The several corporate defendants move to resettle an order of this court made and entered September 14, 1955. Plaintiff vigorously opposes.

Originally, these defendants moved to set aside their default upon the call of the trial calendar on the ground that proper services of the summons had not been made upon them. That motion produced sharp issues of fact, with the result that the court, being unable to determine on the papers, ordered a hearing and the taking of testimony. The hearing was held and concluded, and, on September 8,1955, the court filed its opinion, which, so far as is now…