EUROPEAN AM. BANK & TRUST CO. v. SEROTA


242 A.D.2d 363 (1997)

661 N.Y.S.2d 282

European American Bank & Trust Co., Respondent, v. Stephen H. Serota, Also Known as Stephen Serota, Appellant

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

August 25, 1997


Ordered that the order is reversed, on the law, with costs, and the matter is remitted to Supreme Court, Kings County, for a hearing in accordance herewith and a de novo determination of the defendant's motion.

The plaintiff attempted to serve the defendant in the instant action by "nail and mail" service pursuant to CPLR 308 (4). Subsequently, a default judgment was entered against the defendant. Less than one year after the purported service, the defendant moved...

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