MANOCCHIO v. NARAIN


144 A.D.2d 1022 (1988)

Costantino Manocchio, Respondent, v. Bassie Narain et al., Appellants

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

November 15, 1988


Order unanimously reversed on the law with costs and defendants' motion granted.

Memorandum:

Following a hearing on defendants' motion to vacate a default judgment of foreclosure, County Court determined that service upon defendant Edna Narain was effective pursuant to CPLR 308 (1). We reverse and grant the motion. Even accepting the testimony of the process server that Edna was at home when he made service, a claim she vigorously disputes, his testimony did...

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