STATE ST. BANK & TRUST CO. v. BROADWAY/ST. NICHOLAS ASSOCS.


214 A.D.2d 474 (1995)

625 N.Y.S.2d 217

State Street Bank and Trust Company, Respondent, v. Broadway/St. Nicholas Associates et al., Defendants, and 3840 Broadway NYC Associates, Appellant. Joseph Walsh, as Receiver, Respondent

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

April 25, 1995


A hearing on the propriety of service was properly directed on the basis of the process server's affidavit of service stating that he left the summons and complaint with the doorman after one of appellant's partners told the doorman, through the intercom, not to allow the process server to enter (compare, duPont, Glore Forgan & Co. v Chen, 41 N.Y.2d 794, with McCormack...

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