Caritey v. Eggers

114 A.D. 907, 100 N.Y.S. 603

Opinion

Per Curiam :

We must assume that the order setting aside the service was properly made. The defendant’s subsequent voluntary appearance does not justify a reopening of that motion. For the reason that the question is academic no costs are allowed. All concurred. Order reversed, without costs, and motion denied, without costs.

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Caritey v. Eggers, 114 A.D. 907, 100 N.Y.S. 603 (N.Y. Ct. App. 1906).

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