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ANTON v. AMATO

101 A.D.2d 819 (1984)

Frank J. Anton, Respondent, v. Joseph Amato, Appellant

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

May 14, 1984

¶ Order reversed, insofar as appealed from, and matter remitted to Special Term for a new traverse hearing, with costs to abide the event.

¶ Defendant Amato moved to vacate a default judgment on the ground that he had not been personally served with a summons in the action. Annexed to defendant's motion papers were copies of a summons and verified complaint and an affidavit of service alleging that he had been...

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