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HORN v. PERLA

42 A.D.2d 591 (1973)

Charlotte Horn, Formerly Known as Charlotte Perla, et al., Respondents, v. Alfred L. Perla, Appellant

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

June 18, 1973

Order reversed, with $20 costs and disbursements, and motion remanded to Special Term for further proceedings not inconsistent herewith.

A hearing should be held so that it can be determined whether the process server exercised due diligence in attempting to effectuate personal service of the summons and complaint upon defendant under CPLR 308 (subds. 1, 2) (Casey v. Wernikoff, 29 A.D.2d 685

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