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KOLODZINSKI v. FERREIRAS

168 A.D.2d 431 (1990)

Thomas Kolodzinski, Appellant, v. Francisco Ferreiras, Respondent, et al., Defendants

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

December 3, 1990

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court that the plaintiff did not comply with the requirements of CPLR 309 (a) with regard to the service of process on the then infant defendant Francisco Ferreiras. CPLR 309 (a) provides, in pertinent part, that when the defendant is an infant over 14 years of age, personal service of the summons must be made on a parent and also on the infant. The...

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