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FED. HOME LOAN v. VENTICINQUE

230 A.D.2d 412 (1997)

658 N.Y.S.2d 689

Federal Home Loan Mortgage Corporation, Respondent, v. Carmine L. Venticinque, Appellant, et al., Defendant

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

June 16, 1997

Attorney(s) appearing for the Case

Marti & Basile, P. C., Syosset (Mark R. Basile of counsel), for appellant.

COPERTINO, SANTUCCI and McGINITY, JJ., concur.

BRACKEN, J. P.

The appellant, Carmine Venticinque, resided with his wife in the marital home both before and after the date on which the summons and complaint in this action were served upon him in accordance with the terms of CPLR 308 (2). We hold that, under these circumstances, the marital home remained at all times his "usual place of abode" for the purposes of applying CPLR 308 (2), including that period...

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