GE CAPITAL MORTGAGE SERVS., INC. v. EIDELKIND


205 A.D.2d 663 (1994)

614 N.Y.S.2d 301

GE Capital Mortgage Services, Inc., Respondent, v. Marc S. Eidelkind, Appellant

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

June 20, 1994


Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the issue of whether service under CPLR 308 (2) was properly effected.

Since it cannot be ascertained from this record whether the delivery of the summons and complaint was effected at the defendant's actual place of business or at a former residence address, a hearing must be conducted on the issue of whether...

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