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SPANGENBERG v. CHALOUPKA

229 A.D.2d 482 (1996)

645 N.Y.S.2d 514

Charles Spangenberg et al., Appellants, v. William Chaloupka, Respondent

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

July 15, 1996

Ordered that the order is reversed, on the law, with costs, the defendant's motion is denied, and the complaint is reinstated.

In this action the plaintiffs attempted to serve the defendant by "affix and mail" service pursuant to CPLR 308 (4). The sole issue raised at the hearing to determine the validity of the service of process was whether a copy of the summons and complaint was mailed to the defendant. In sustaining...

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