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SCHURR v. FILLEBROWN

146 A.D.2d 623 (1989)

John J. Schurr, Appellant, v. Charles M. Fillebrown, Respondent

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

January 17, 1989

Ordered that the order is affirmed, with costs.

It is not refuted that, although plaintiff's process server delivered a summons with notice to a person of suitable age and discretion at defendant's actual place of business, he thereafter mailed a copy to an address at which defendant had not resided for six years, notwithstanding that the defendant's current address was listed in the telephone directory. Since the plaintiff...

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