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TREMONT FED. SAV. & LOAN ASS'N v. NDANUSA

144 A.D.2d 660 (1988)

Tremont Federal Savings and Loan Association, Respondent, v. Mohammed K. Ndanusa et al., Appellants, and Charles Monaco, Nonparty Respondent

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

November 28, 1988

Ordered that the order is affirmed, with one bill of costs payable to the plaintiff-respondent and the nonparty respondent.

We disagree with the appellants' contention that the order of publication was improperly issued. For a court to issue an order of publication under CPLR 308 (5) on the ground that service is impracticable under subdivisions (1), (2) and (4) of that section, the applicant is not required to prove due...

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