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MASTROPIERRO v. BENNETT

233 A.D.2d 483 (1996)

650 N.Y.S.2d 287

Mario Mastropierro, Respondent, v. Richard E. Bennett, Appellant

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

November 25, 1996

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the complaint is dismissed for lack of personal jurisdiction.

The plaintiff attempted to serve the defendant pursuant to the "affix and mail" provisions of CPLR 308 (4). However, the requisite mailing did not bear the legend "personal and confidential" on the envelope as required by the statute (see, CPLR 308 [4]; Pesner v...

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