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CERTISIMO v. HEIDELBERG COMPANY

122 N.J. Super. 1 (1972)

298 A.2d 298

JOSEPH CERTISIMO AND HARRIET CERTISIMO, PLAINTIFFS, v. HEIDELBERG COMPANY, A COMPANY ESTABLISHED IN WEST GERMANY, AND HEIDELBERG EASTERN, INC., A CORPORATION OF THE STATE OF DELAWARE, DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. HEIDELBERG DRUCKMASCHINEN AKTIENGESSELLSCHAFT, A COMPANY ESTABLISHED IN WEST GERMANY, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided December 6, 1972.

Attorney(s) appearing for the Case

Mr. Rowland V. Lucid, Jr. for plaintiffs (Messrs. Scerbo, Glickman & Kobin, attorneys).

Mr. Donald S. McCord, Jr. for defendants and third-party plaintiffs Heidelberg Eastern, Inc. (Messrs. O'Donnell, Leary & D'Ambrosio, attorneys).

Mr. Peter E. Henry for third-party defendant (Messrs. Crummy, O'Neal, Del Deo & Dolan, attorneys).

BYRNE, A.J.S.C.

This is a motion by the third-party defendant in this action, Heidelberger Druckmaschinen Aktiengessellschaft (hereinafter HDAG) to dismiss the third-party complaint against it due to insufficiency of process. Defendant and third-party plaintiff Heidelberg Eastern, Inc., a Delaware corporation, sought to serve HDAG, the third-party defendant, under R. 4:4-4(c)(1), which provides in part that:

If it appears by affidavit of plaintiff's...

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