This is a motion for leave to file a summons and verified complaint nunc pro tunc (pursuant to UCCA, § 411). The action is one for moneys had and received and was commenced by the service of a summons without a complaint or notice of object of action, personally on the defendant on December 17, 1965. Notice of appearance on behalf of the defendant was duly served on plaintiff's then attorney on December 27, 1965, within the...
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