PREZA v. GOURMET


212 A.D.2d 765 (1995)

623 N.Y.S.2d 268

Molly Preza, Respondent, v. Sever's Gourmet, Appellant, et al., Defendant

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

February 27, 1995


Ordered that the order is reversed, on the law, with costs, the motion is granted and the complaint is dismissed insofar as it is asserted against the defendant Sever's Gourmet.

After the plaintiff failed to effect personal service upon the defendant Sever's Gourmet, she moved pursuant to CPLR 308 (5) to allow her to serve the complaint on the insurance carrier of Sever's Gourmet. In support of this motion the plaintiff merely submitted a conclusory affidavit of her...

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