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GOSSETT v. FIRESTAR AFFILIATES, INC.

224 A.D.2d 487 (1996)

637 N.Y.S.2d 779

Adrienne Gossett et al., Respondents, v. Firestar Affiliates, Inc., et al., Appellants, et al., Defendants

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

February 13, 1996

Ordered that the order and judgment is reversed, on the law, without costs or disbursements, the plaintiffs' motion is denied, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings.

The court erred in sanctioning the appellants for frivolous conduct (see, 22 NYCRR 130-1.1) since their challenge to the validity of the plaintiffs' service of process was not frivolous within the meaning of 22 NYCRR 130-1.1 (c) (Matter of Ireland...

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