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PACO CORP. v. VIGLIAROLA

No. 84 CV 0314.

611 F.Supp. 923 (1985)

PACO CORPORATION, Plaintiff, v. Frank VIGLIAROLA, Joseph Vigliarola and Robert Rosselli, Defendants.

United States District Court, E.D. New York.

June 25, 1985.

Attorney(s) appearing for the Case

Alfred A. Rosenberg, Brooklyn, N.Y., for plaintiff.

Purcell, Fritz & Ingrao, P.C., Mineola, N.Y. (Patrick J. Purcell, Mineola, N.Y., of counsel), for defendants.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

This is a diversity action to recover on personal guarantees executed by defendants in favor of plaintiff, who moves now for summary judgment against defendants Frank and Joseph Vigliarola. Fed.R.Civ.P. 56. For the reasons developed below, the motion is granted in part. Plaintiff has failed to serve a summons and complaint upon defendant Robert Rosselli within 120 days of commencement of the action; and accordingly...

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