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MACCHIA v. DRAZBA

234 A.D.2d 523 (1996)

651 N.Y.S.2d 925

Charles Macchia, Appellant, v. John Drazba et al., Respondents

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

December 23, 1996

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment is denied.

Since one of the defendant sellers named in the action died before he was able to be served with the summons and complaint, the court never acquired jurisdiction to determine a summary judgment motion on his behalf (see, Urena v NYNEX, Inc., 223 A.D.2d 442; see also, Surdam v Vance,

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