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SUTHERLAND v. VILL. OF SUFFERN

139 A.D.2d 728 (1988)

Bruce Sutherland, Appellant, v. Village of Suffern et al., Respondents

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

April 25, 1988

Ordered that the judgment is affirmed, without costs or disbursements.

CPLR 311 provides that personal service upon a village shall be made by delivering the summons to the Mayor, clerk or any trustee. In the instant case, the plaintiff merely served the defendant chief of police. While it may be argued that the village received actual notice of the suit inasmuch as the chief of police transmitted a copy of the summons and...

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