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Du Bois Concrete Products Corp. v. Saddle Rock Homes Corp.

1 A.D.2d 899 Court N.Y. App. Div. Decision date 1956-03-19 English

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p. 899
Du Bois Concrete Products Corporation, Appellant, v. Saddle Rock Homes Corporation et al., Defendants, and Car-Vel Realty Corp., Respondent.

Appeal from an order dismissing the complaint for failure to serve a copy thereof upon Car-Vel Realty Corp., pursuant to section 257 of the Civil Practice Act. Order modified by adding to the ordering paragraph the words “ Car-Vel Realty Corp.” after the word “ defendant ” and the words “ as against said defendant Car-Vel Realty Corp.” after the word “complaint”. As so modified, order unanimously affirmed, with $10 costs and disbursements to respondent. The motion having been made by respondent, the order should have provided that the complaint be dismissed only as against respondent. Present — Wenzel, Acting P. J., Beldock, Ughetta, Hallinan and Kleinfeld, JJ.