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CADIN CONTRACTING INC. v. KENNETH L. RICH AGENCY

158 A.D.2d 442 (1990)

Cadin Contracting Inc., Respondent, v. Kenneth L. Rich Agency, Defendant, and Kenneth L. Rich, Appellant

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

February 5, 1990

Ordered that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a hearing to determine whether the appellant was properly served with the summons.

The sworn denial by the defendant Kenneth L. Rich that he had been personally served with process under CPLR 308 (1) sufficiently controverted the process server's affidavit so as to require a hearing on the issue of jurisdiction (see, Frankel v Schilling

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