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COMPETELLO v. GIORDANO

71 A.D.2d 871 (1979)

Albert Competello, as Administrator of The Estate of Theresa Competello, Deceased, et al., Respondents, v. Anthony Giordano, Appellant

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

August 13, 1979

Order reversed, without costs or disbursements, and motion denied.

The defendant, a physician, has interposed the affirmative defense of lack of personal jurisdiction (see CPLR 3211, subd [a], par 8). Upon this record, the defense should not have been stricken. Process was served upon the defendant pursuant to CPLR 308 (subd 4), i.e., by "nailing" process to the door of what apparently is the defendant's residential office and "mailing" process to the same address...

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