Appellate Division of the Supreme Court of New York, 1951

Picariello v. Heffernan

Picariello v. Heffernan
Appellate Division of the Supreme Court of New York · Decided September 28, 1951
278 A.D. 1023; 106 N.Y.S.2d 1004; 1951 N.Y. App. Div. LEXIS 5558
Picariello v. Heffernan

Opinion of the Court

We find that under the circumstances disclosed there was a substantial compliance by the petitioner with the provisions of the order to show cause directing service. It is appropriate to add that no violation of section 2 of the New York City Municipal Court Code is indicated. Order unanimously reversed and motion to dismiss the petition denied and the matter remitted to Special Term for consideration on the merits. Settle order on short notice. Present — Peck, P. J., Dore, Cohn, Van Voorhis and Shientag, JJ. [See 279 App. Div. 560.]

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