SHAPIRO v. MESSING


171 A.D.2d 860 (1991)

Jack M. Shapiro, Appellant, v. Samuel Messing, Respondent, et al., Defendants

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

March 25, 1991


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the credible evidence in the record amply supports the hearing court's conclusion that personal service of the summons and complaint was not effected upon the defendant Samuel Messing in accordance with CPLR 308 (1). Furthermore, the mere fact that Messing received prompt actual notice of the action is of no moment in determining whether he was properly served (see, Maccia...

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