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CAPELLO v. UNION CARBIDE & CARBON CORP.

276 A.D. 277 (1950)

John Capello, Respondent, v. Union Carbide & Carbon Corporation, Defendant, and Electro Metallurgical Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 5, 1950.

Attorney(s) appearing for the Case

George A. Orr, Jr., for respondent.

John E. Runals and James W. Mallam for appellant appearing specially.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and PIPER, JJ.

KIMBALL, J.

This is an appeal from an order of Special Term which denied the motion of the defendant, Electro Metallurgical Company, to set aside service of summons in an action brought by the plaintiff to recover damages for personal injuries. The accident happened on June 21, 1948, at the plant of Electro in Niagara Falls. The summons was dated June 15, 1949, and was delivered, together with a copy of the amended...

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