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SPEARMAN v. ATREET CORP.

238 A.D.2d 194 (1997)

656 N.Y.S.2d 30

Dorothy Spearman et al., Appellants, v. Atreet Corp. et al., Respondents

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

April 15, 1997

The motion court erred in holding that it lacked jurisdiction over defendant, such having been obtained by the service that was made on the Secretary of State irrespective of whether the process subsequently reached defendant (Associated Imports v Amiel Publ., 168 A.D.2d 354, lv dismissed 77 N.Y.2d 873). Nevertheless, we affirm because defendant's nonreceipt of process, possibly by reason of the incorrect address set forth...

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