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SWIDLER v. KNOCKLONG CORP.

278 A.D. 788 (1951)

Rebecca Swidler et al., Appellants, v. Knocklong Corp. et al., Respondents

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

April 23, 1951.

Order and judgments reversed on the law and the facts, with $10 costs and disbursements, and each motion for summary judgment denied, without costs.

Upon the trial it may be found that the order for service by publication in the County Court action was void because it was procured on an affidavit which was constructively fraudulent in that it made an untrue statement of the material fact that the records of the County Clerk...

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