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  5. 176 A.D.2d 917 (1991)
 

HENNIGER v. L.B.X. EXCAVATING, INC.

176 A.D.2d 917 (1991)

Bruce Henniger, Respondent, v. L.B.X. Excavating, Inc., Appellant, and Rick's Fence et al., Respondents

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

October 28, 1991

Ordered that the order entered February 1, 1990, is reversed insofar as appealed from, with costs to the appellant, payable by the plaintiff, and the matter remitted to Supreme Court, Suffolk County, for a hearing and new determination in accordance herewith.

Upon a review of the record, we find that an issue of fact exists as to whether Peter Belli, the person designated to receive notice of the action, actually received...

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