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FIRST UNION MORTGAGE CORP. v. SILVERMAN

242 A.D.2d 258 (1997)

661 N.Y.S.2d 538

First Union Mortgage Corporation, Respondent, v. Howard Silverman, Appellant, et al., Defendants

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

August 4, 1997

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the issue of whether proper service was made upon the appellant in accordance with the requirements of CPLR 308 (4).

The Supreme Court erred in failing to hold a hearing on the issue of whether the appellant was properly served pursuant to CPLR 308 (4) (see, Allstate Ins. Co. v Cohen, 236 A.D.2d...

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