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PESNER v. FRIED

166 A.D.2d 512 (1990)

Karen Pesner et al., Appellants, v. Joel R. Fried, Appellant, and Harvey Shandler, Respondent

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

October 9, 1990

Ordered that the appeal by Joel R. Fried, D.D.S., is dismissed, without costs or disbursements (see, CPLR 5511); and it is further,

Ordered that the order is affirmed, without costs or disbursements.

The plaintiffs attempted to serve the defendant Shandler pursuant to the substituted service provisions of CPLR 308 (2). However, the requisite mailing did not bear the legend "personal and confidential" on the...

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