HIRSH v. CONT'L STOCK TRANSFER & TRUST CO.


203 A.D.2d 102 (1994)

612 N.Y.S.2d 841

Martin B. Hirsh, Doing Business as Marjoy Company, Respondent, v. Continental Stock Transfer & Trust Co. et al., Defendants, and Fidenas Corporation et al., Appellants

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

April 12, 1994


The initial motion asserting lack of proper service under CPLR 311 was supported only by an affirmation of counsel (see, Hauff v CLXXXII Via Magna Corp., 118 A.D.2d 485, 486). Counsel's recital of facts bearing upon service based upon his personal knowledge was improperly made for the first time in reply papers (see, Dannasch v Bifulco, 184 A.D.2d 415), and was insufficient...

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