LEFEVRE v. COLE


83 A.D.2d 992 (1981)

Marcia R. Lefevre et al., Respondents, v. Harry M. Cole, Appellant

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

September 25, 1981


Order unanimously reversed, without costs, and matter remitted to Special Term for further proceedings, in accordance with the following memorandum: In this CPLR 3211 (subd [a], par 8) motion to dismiss the action for lack of jurisdiction, defendant's sworn denial of receipt of a copy of the summons personally or by mail contradicts the affidavit of service of process which on its face meets each requirement of CPLR 308 (subd 2). Accordingly, a trial of this issue is appropriate...

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