MARRERO v. WOLFFE


60 A.D.2d 596 (1977)

Fredericho Marrero, as Administrator of The Estate of Jean L. Marrero, Deceased, Appellant, v. George Wolffe, Respondent

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

December 12, 1977


Order reversed insofar as appealed from, on the law and the facts, without costs or disbursements, and the cause of action for wrongful death is reinstated.

Contrary to Special Term's finding, there is nothing in the record to indicate that the portion of the building occupied by Mrs. Wolffe had a separate outside entrance used for ingress and egress. The service upon her at the main entrance of the residence complied with the requirements of CPLR 308 (subd 2) (cf...

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