MATTHEWS v. PENA


34 A.D.2d 678 (1970)

Sherline Matthews, Respondent, v. Amelia Pena et al., Appellants, et al., Defendant

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

April 20, 1970


Order reversed, with $10 costs and disbursements; motion granted, and order dated December 26, 1968 vacated; and the matter remitted to the Special Term for a hearing on the issue of the validity of the service made pursuant to CPLR 308 (subd. [3]).

In our opinion, it was improvident exercise of discretion to deprive defendants of the opportunity, previously granted by the court, to test the sufficiency of the service. In the posture of this record we do not deem...

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