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FEINSTEIN v. BERGNER

48 N.Y.2d 234 (1979)

Michele Feinstein et al., as Administrators of The Estate of Martin H. Wilensky, Deceased, Appellants, v. David C. Bergner, Respondent.

Court of Appeals of the State of New York.

Decided October 23, 1979.

Attorney(s) appearing for the Case

Herbert M. Horowitz, Gustave G. Rosenberg, Lawrence M. Rosenberg and David Jaroslawicz for appellants.

Michael Wolpinsky and Vincent A. Di Blasi for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur with Judge GABRIELLI; Judge FUCHSBERG dissents and votes to reverse in a separate opinion.

GABRIELLI, J.

Plaintiffs appeal from an order of the Appellate Division which dismissed their complaint for failure properly to serve the defendant with process.1 The outcome of their appeal depends upon the correct interpretation of CPLR 308 (subd 4), which permits substitute service by "affixing the summons to the door of either the actual place of business, dwelling place or usual...

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