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BIOLOGICAL CONCEPTS v. RUDEL

159 A.D.2d 32 (1990)

Biological Concepts, Inc., Respondent, v. Silvia P. Rudel, Appellant

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

July 12, 1990

Attorney(s) appearing for the Case

Theodore J. Greene, P. C. (Donald Zimmerman of counsel), for appellant.

Goldstein & Stoloff (Carl P. Goldstein of counsel), for respondent.

MIKOLL, YESAWICH, JR., LEVINE and MERCURE, JJ., concur.

MAHONEY, P. J.

By notice of motion for summary judgment in lieu of complaint (see, CPLR 3213), plaintiff seeks judgment on a $25,000 promissory note. Defendant alleged, inter alia, that Supreme Court failed to obtain personal jurisdiction by reason of improper service. After a hearing, Supreme Court found that service had properly been effected upon defendant pursuant to CPLR 308 (2). We disagree...

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