SAPIENZA v. HAAG


89 A.D.2d 816 (1982)

Joseph Sapienza, Respondent, v. Rose D. Haag et al., Appellants. (Appeal No. 1.)

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

July 9, 1982


Order unanimously reversed, without costs, motion granted, judgment vacated and complaint dismissed.

Memorandum:

Defendants have moved to vacate a default judgment obtained by plaintiff on the ground that the "nail and mail" alternative for personal service attempted by plaintiff failed to comply with the provisions of CPLR 308 (subd 4). Special Term denied the motion holding that defendants are estopped from raising the jurisdictional challenge because they...

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