EMPIRE NAT'L BANK v. JUDAL CONSTR. OF NEW YORK, INC.


61 A.D.2d 789 (1978)

Empire National Bank, Respondent, v. Judal Construction of New York, Inc., et al., Defendants, and David J. Flitt et al., Appellants

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

February 6, 1978


Order modified by adding thereto, after the words: "adheres to its original determination", the following: "as to defendant Grace Flitt and a hearing is ordered to be held on the issue whether proper service was made upon defendant David J. Flitt in accordance with the requirements of CPLR 308 (subd. 2)." As so modified, order affirmed insofar as appealed from, without costs or disbursements.

Neither appellant (a husband and wife, residing at the same address in Teaneck...

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