Summary
In Matter of Caro v. Jones (41 A.D.2d 829) the Appellate Division, First Department, affirming the denial of a motion to dismiss a petition said: "Regardless of the alleged infirmities in the manner of the service of the order to show cause, there was a showing of actual notice to the respondent below who, in fact, did appear at the court on the return day of the order to show cause".
Summary of this case from Matter of Fagenson v. First-York 86th St.Opinion
April 27, 1973
Order, Supreme Court, New York County, entered on April 24, 1973, denying respondent's motion to dismiss the petition, unanimously affirmed, without costs and without disbursements. Regardless of the alleged infirmities in the manner of the service of the order to show cause, there was a showing of actual notice to the respondent below, who, in fact, did appear at the court on the return day of the order to show cause.
Concur — Stevens, P.J., Markewich, Kupferman, Lane and Tilzer, JJ.