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FOY v. 1120 AVE OF AMS ASSOCS

223 A.D.2d 232 (1996)

646 N.Y.S.2d 547

John Foy, Respondent, v. 1120 Avenue of the Americas Associates, Appellant, et al., Defendant

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

August 19, 1996

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, Albertson (Frederick B. Simpson and Vincent S. Ambrosino of counsel), for appellant.

Shreck, Wardi, Coiro & Wadow, New York City (Michael A. Chinitz of counsel), for respondent.

SULLIVAN, COPERTINO and KRAUSMAN, JJ., concur.

BALLETTA, J. P.

The question raised by this appeal is whether the 1991 amendments to CPLR 310 pertaining to service upon a partnership (see, L 1991, ch 338) represent a narrowing of the methods available to serve a partnership or a liberalization of service upon a partnership. We conclude that in this case substituted service upon one of the partners pursuant to CPLR 308 (2) constituted service upon the...

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