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VITO M. FOSELLA BUILDERS & GEN. CONTRACTORS, INC. v. SILVER

208 A.D.2d 525 (1994)

617 N.Y.S.2d 59

Vito M. Fosella Builders & General Contractors, Inc., Respondent, v. Murray Silver et al., Appellants

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

October 3, 1994

Ordered that the order dated March 9, 1993, is affirmed insofar as appealed from; and it is further,

Ordered that the order dated November 3, 1993, is affirmed; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

The defendants contend that the service of process made pursuant to CPLR 308 (2) was not proper because the required mailing, which was made on June 1, 1992, was not made within the requisite 20 days after service upon...

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