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GRANITE MGMT. & DISPOSITION, INC. v. SUN

221 A.D.2d 186 (1995)

634 N.Y.S.2d 48

Granite Management and Disposition, Inc., Respondent, v. Alexander S. Sun, Appellant, et al., Defendants Granite Management and Disposition, Inc., Respondent, v. Alexander S. Sun, Appellant, et al., Defendants

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

November 9, 1995

No issue of fact exists warranting a hearing on whether service was properly made pursuant to CPLR 308 (2). The affidavits of plaintiff's process server state that he served one Jennifer Wang Sun, originally believed by the process server to be defendant's daughter but later determined by plaintiff to be his wife, at defendant's apartment. The defendant's affidavit, which claims that the only copy of the summons and complaint he...

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