VITALE v. GELFAND


110 A.D.2d 696 (1985)

Susan Vitale, Respondent, v. Howard Gelfand, Appellant, et al., Defendant

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

April 8, 1985


Order reversed, insofar as appealed from, without costs or disbursements, and matter remitted to the Supreme Court, Nassau County, for a hearing in accordance herewith.

Under the circumstances of this case, in which the validity of service upon the appellant depends entirely upon the exact date on which the summons in the action was delivered to the Suffolk County Sheriff pursuant to CPLR 203 (b) (5), the apparent discrepancy between the date upon which the summons...

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