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OSINOWO v. COMPTROLLER OF THE CITY OF NEW YORK

214 A.D.2d 343 (1995)

625 N.Y.S.2d 890

Ezekiel Osinowo, Appellant, v. Comptroller of the City of New York, Respondent

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

April 6, 1995

There is no merit to plaintiff's argument that the IAS Court should have conducted a hearing on the issue of service of process, there being no indication in the record that a complaint in either action (or, for that matter, the motions for summary judgment), were ever served upon defendant Comptroller. At best, the papers indicate service of summonses with notice and notices of claim, the latter being mistakenly taken by plaintiff...

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