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PEOPLE v. CONT'L CAS. CO.

205 Misc. 5 (1953)

The People of the State of New York, Plaintiff, v. Continental Casualty Company, Surety, for Felix Audinot Lopez, Principal.

Supreme Court, Special Term, New York County.

November 14, 1953.

Attorney(s) appearing for the Case

Abraham Solomon for surety.

Frank S. Hogan, District Attorney (Ernest Lappano of counsel), for plaintiff.

IRVING L. LEVEY, J.

Motion to remit forfeiture is granted. At the time the case was called for trial in General Sessions, the defendant was in the United States Army and the court was advised of that fact. Under the circumstances, the State courts are bound by the provisions of the Federal Soldiers' and Sailors' Civil Relief Act of 1940 (U. S. Code, tit. 50, Appendix, § 513, subd. [3]), particularly subdivision...

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