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GUZMAN v. CITY OF NEW YORK

175 A.D.2d 85 (1991)

Armando Guzman, Appellant, v. City of New York, Respondent, et al., Defendant

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

July 25, 1991

While incarcerated, plaintiff sent a summons by certified mail notifying defendant of plaintiff's tort action. Receipt of the summons and knowledge of the action by the City did not satisfy the delivery requirement under CPLR 311 (2). (Faravelli v Bankers Trust Co., 85 A.D.2d 335, 340, affd 59 N.Y.2d 615.) Mail service under CPLR 312-a did not become effective until January...

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