LEXINGTON INS. CO. v. SCHUYLER BUMPERS, INC.


125 A.D.2d 554 (1986)

Lexington Insurance Company, as Subrogee of J. M. L. Trading Corp., Respondent, v. Schuyler Bumpers, Inc., Appellant

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

December 22, 1986


Ordered, that the order is reversed, without costs or disbursements, and the matter is remitted to the Supreme Court, Richmond County, for a new hearing and determination.

The defendant moved to dismiss the complaint, inter alia, upon the ground that the defendant had never been served with a copy of the summons and complaint. Among the defendant's moving papers were affidavits by Fred B. Schuyler, a vice-president of the defendant, and Dorothy Fuchs, stating...

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