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DE SANTOS v. CLARK BROS. PAN AM., INC.

23 Misc.2d 192 (1960)

August R. De Santos, Plaintiff, v. Clark Bros. Pan American, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

April 5, 1960.

Attorney(s) appearing for the Case

Milbank Tweed Hope & Hadley for Clark Bros. Pan American, Inc., and others, defendants.

George J. Todaro for plaintiff.

WILLIAM C. HECHT, JR., J.

Defendants move for an order pursuant to section 180 of the Civil Practice Act dismissing the complaint as against them upon the ground that the plaintiff has neglected to serve the defendant Bozo, an indispensable party, as defined in section 193 of the Civil Practice Act, after a lapse of reasonable time afforded him to do so. It is alleged in a first cause of action against the moving defendants that the plaintiff and the...

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