MACCHIA v. RUSSO


115 A.D.2d 595 (1985)

Ralph Macchia, Respondent, v. Salvatore Russo, Appellant, et al., Defendants

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

December 16, 1985


Order reversed insofar as appealed from, on the law, with costs, that branch of the motion which sought dismissal of the complaint as against appellant granted, and action as against the remaining defendant severed.

The uncontradicted evidence adduced at the traverse hearing indicated that (1) on February 15, 1978 the process server handed the summons with notice to appellant's son outside of appellant's home and (2) the appellant's son thereupon went into appellant...

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