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GORDON v. NEMEROFF REALTY CORP.

139 A.D.2d 492 (1988)

Donna C. Gordon, Respondent, v. Nemeroff Realty Corp. et al., Defendants, and Service Merchandise Co., Inc., Appellant

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

April 4, 1988

Ordered that the order is affirmed, with costs.

By affidavit and by his testimony at the hearing, Steve Wells, the manager of the store owned by the appellant and in front of which the accident at issue occurred, denied that he was personally served with the summons and complaint in the instant action. He claimed that the assistant store manager gave the summons and complaint to him on September 12, 1980, the day following the alleged service, and he promptly contacted...

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