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RANIERI v. WILSON

34 A.D.2d 1084 (1970)

Dominic Ranieri, Appellant, v. Elmira Wilson et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 25, 1970

Order unanimously affirmed, without costs.

Memorandum:

Special Term properly granted defendants' motion to vacate service of summons upon them, and denied plaintiff's cross motion to approve service nunc pro tunc pursuant to CPLR 308 (subd. 4). The record amply supports the court's conclusion that diligent search to locate defendants was not conducted. There is, however, an additional ground upon which the...

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