NECRASON v. AVERY


183 A.D.2d 1015 (1992)

Thomas P. Necrason et al., Appellants, v. Laura Avery, Respondent

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

May 14, 1992


We reject plaintiffs' contention that Supreme Court erred in dismissing the complaint for want of personal jurisdiction due to a failure of service. It is true that defendant's son-in-law completed the affidavit of service wherein he stated that he personally delivered the summons to the person he knew to be defendant at defendant's address. Plaintiffs' attorney had requested that he do so apparently under the impression that defendant was in poor health. At the hearing on...

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