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BARNES v. CITY OF NEW YORK

70 A.D.2d 580 (1979)

Alfred Barnes et al., Appellants, v. City of New York et al., Defendants, and Arthur Schwartz et al., Respondents

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

May 7, 1979

Order affirmed, with costs.

Defendants Schwartz moved to dismiss the complaint, inter alia, for lack of in personam jurisdiction over them (see CPLR 3211, subd [a], par 8). The facts are not in dispute. A process server attempted to serve a summons on plaintiffs' behalf upon the Schwartzs at their home on September 5, 1973 at 10:00 A.M., September 6, 1973 at 5:10 P.M., September 7, 1973 at 1:00 P.M. and September 11, 1973 at 8:20 A.M. (Wednesday, Thursday,...

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