Freedman v. Centre Shopping Plaza, Inc.

This is an action against several defendants in which it is alleged that they “jointly and/or [sic] severally” engaged the named plaintiff to obtain leases and a commitment on a mortgage for a proposed shopping center. It appears from the record and is conceded by the plaintiffs that the moving defendant, who has appeared specially, is a nonresident, that no personal service of process was made on him and that no property in which he has any interest has been attached. Under these circumstances a motion to erase from the docket is approved procedure, notwithstanding the provisions of § 80 (1)…