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MULTARI v. CAR PHONE

137 Misc.2d 626 (1987)

Salvatore Multari, Appellant, v. Westchester Car Phone, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

December 1, 1987

Attorney(s) appearing for the Case

Andrew Romano for appellant. Lehrman, Kronick & Lehrman (Arnold S. Kronick of counsel), for respondent.

DIPAOLA, P. J., GEILER and WIDLITZ, JJ., concur.

MEMORANDUM.

Order unanimously reversed, without costs, and matter remanded to the court below for determination de novo upon a hearing.

Under the circumstances, the lower court should have held a hearing to determine whether service was proper. At said hearing such issues as the place of tenant's principal office or principal place of business and the date of the mailing of process to tenant can be more fully developed...

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