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CHASE v. ACHTNER

40 A.D.2d 1009 (1972)

James J. Chase et al., Respondents, v. Edward J. Achtner, Appellant

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

December 26, 1972

Order reversed, on the law, with $10 costs and disbursements; plaintiffs' motion denied; and defendant's motion granted.

Where a process server's affidavit falsely alleges personal service of the summons on the defendant and, in fact, the summons was received by the defendant's estranged wife and subsequently mailed by her to the defendant at his own residence, we hold that personal service pursuant to CPLR 308 has not been...

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