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CLOVINE ASSOCS. LTD. P'SHIP v. KINDLUND

211 A.D.2d 572 (1995)

621 N.Y.S.2d 606

Clovine Associates Limited Partnership, Respondent, v. Newton C. Kindlund, Individually and as Trustee of The Newton C. Kindlund Trust, Appellant

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

January 26, 1995

The IAS Court correctly held that the several instruments contemporaneously executed by the parties must be read together and interpreted as permitting the service of process by certified mail upon defendant in his individual as well as trustee capacity (see, Ameritrust Co. v Chanslor, 803 F.Supp. 893, 896). Defendant's discovery, after entry of the default judgment, that the original...

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