KAGAN v. JACOBS


151 A.D.2d 462 (1989)

Alan Kagan et al., Respondents, v. Arnold M. Jacobs, Appellant. (And a Third-Party Action.)

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

June 5, 1989


Ordered that the order is affirmed insofar as appealed from, with costs.

The record establishes that the plaintiffs validly effected service of process by delivery and mailing pursuant to CPLR 308 (2) prior to the submission of defendant's reply affirmation on his cross motion to dismiss the action. Since the court based its decision upon this second service of process, rather than either the earlier service by "nail and mail" or the two later services by delivery...

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