Nassau Trust Co. v. Filderman

Motion by defendant inter alia to dismiss the appeal of plaintiff from an order of the Supreme Court, Suffolk County, dated July 22, 1975. Motion granted to the extent that the appeal is dismissed, with $40 costs. The only issue raised on the appeal is whether plaintiff’s service of the summons and complaint was properly held to have been defective. Subsequent to the service and filing of the notice of appeal herein, plaintiff served defendant with a second summons and complaint seeking the identical relief sought in the case at bar. Plaintiff’s second action was terminated by the grant of…