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FCNB SPIEGEL v. DIMMICK

163 Misc.2d 152 (1994)

619 N.Y.S.2d 935

Fcnb Spiegel Inc., Plaintiff, v. Michelle R. Dimmick, Also Known as Michelle Rowe, Defendant.

Civil Court of the City of New York, New York County.

November 7, 1994

Attorney(s) appearing for the Case

Craner, Nelson, Satkin & Scheer for plaintiff.

MICHAEL D. STALLMAN, J.

Plaintiff's ex parte motion for court-fashioned, "expedient" service under CPLR 308 (5) requires the court to consider the unique relationship of CPLR 301, 308 (5) and 313. Is a New Jersey resident employed in New York City on a continuous, daily basis "present" in New York under CPLR 301 and constitutionally subject to New York's jurisdiction? Where and how may she be served?

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