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CECELIA v. COLONIAL SAND CO

85 A.D.2d 56 (1982)

Henrietta Cecelia, Individually and as Administratrix of The Estate of John J. Cecelia, Deceased, Respondent, v. Colonial Sand & Stone Company, Inc., et al., Appellants. (And Another Related Action.)

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

February 18, 1982

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison (Jonathan Sinnreich, Robert L. Laufer and Howard A. Gootkin of counsel), for Colonial Sand & Stone Company, Inc., and another, appellants.

Richter & Werbalowsky (Lawrence R. Shelton of counsel), for respondent.

MAHONEY, P. J., MIKOLL, YESAWICH, JR., and LEVINE, JJ., concur.

SWEENEY, J.

The underlying action is one for wrongful death. The summons and complaint were served on June 12, 1980 on the Secretary of State, who attempted to serve defendants Colonial Sand & Stone Company, Inc. (hereinafter Colonial), and Strelene Realty Corp. (hereinafter Strelene) by mailing copies by certified mail. The copies were returned, undelivered, the reason being posted as "Moved, not Forwardable". Defendants Colonial and Strelene failed...

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