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GREAT BEAR SPRING CO. v. TARTAMELLA
Supreme Court, Appellate Term, First Department.
Mar 28, 1957
Per Curiam.
Defendant failed to controvert any of the allegations contained in plaintiff's affidavit. Standing undenied these allegations are sufficient and no issue is raised. Defendant's opposition is limited to the claim that the person served was not, at the time, its president. This objection does not survive a general appearance. (N.Y. City Mun. Ct. Code, § 88; Civ. Prac. Act, § 237-a).
The judgment and order should be affirmed, with $10 costs.
HOFSTADTER, STEUER and HECHT, JJ., concur.
Judgment and order affirmed, etc.
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