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HAZEK v. MERCADANTE

22 N.J. Super. 103 (1952)

91 A.2d 666

ANITA HAZEK, HILDA KRESS AND CATHERINE MONCK, PLAINTIFFS, v. JOSEPH MERCADANTE, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided October 8, 1952.

Attorney(s) appearing for the Case

Mr. Daniel F. DeLear, for the motion.

Mr. George Pellettieri argued against the motion (Mr. George H. Anthony, attorney).

WOODS, J.S.C.

There is before us a motion to dismiss the complaint filed in the above-entitled cause, on the ground: that plaintiffs failed to comply with Rule 3:41-2 in that they failed to cause the summons to issue within five days after filing the complaint with the Clerk of the Superior Court of New Jersey; and, in fact, did cause the complaint to be filed with the Clerk of the Superior Court on May 1, 1952, and the summons in the matter did not issue until...

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