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BEST v. CITY OF NEW YORK

101 A.D.2d 847 (1984)

Helen Best, as Administratrix of The Estate of Jacob Best, Deceased, Appellant, v. City of New York et al., Defendants, and Henry Keller, Respondent

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

May 21, 1984

¶ Order reversed, with costs, and matter remitted to Special Term for a traverse hearing consistent herewith.

¶ Under the circumstances of this case, Special Term erred in dismissing the plaintiff's complaint as against defendant Keller for failure of proof of service of the summons because the affidavit of service did not substantially comply with CPLR 306 (subd [b]) because it omitted a description of the person to whom the summons was delivered. "The...

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