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Appellate Terms of the Supreme Court of New York, 1944

Cobb v. Williams

Cobb v. Williams
Appellate Terms of the Supreme Court of New York · Decided December 21, 1944
183 Misc. 868; 53 N.Y.S.2d 250; 1944 N.Y. Misc. LEXIS 1440

Counsel

G. Kenneth Brown for appellant., Michael J. Kiely, Jr., for respondent.

Cobb v. Williams

Opinion of the Court

Memorandum

Per Curiam.

The fact that the defendant at the time of the service of process was in the military service furnishes no ground for exempting him from process. (Matter of Kernan, 272 N. Y. 560.)

The order should be reversed, with ten dollars costs and disbursements, and motion denied, with leave to appear within six days after service of order entered hereon, on payment of costs.

Hammer, McLaughlin and Eder, JJ., concur.

Order reversed, etc.

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