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CITY & SUBURBAN FED. SAV. BANK v. FRANK

243 A.D.2d 670 (1997)

663 N.Y.S.2d 296

City & Suburban Federal Savings Bank, Respondent, v. Robert Frank et al., Defendants, and Joseph Abruzese, Defendant Third-Party Plaintiff-Appellant. Edmundo Avila et al., Third-Party Defendants-Respondents

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

October 27, 1997

Ordered that the resettled order is affirmed, with costs.

The testimony at the hearing to determine the validity of service of process supports the Supreme Court's determination that service was properly accomplished pursuant to CPLR 308 (2). The defect in the original affidavit of service was a mere technicality and not a jurisdictional defect (see, Best v City of New York, 101 A.D.2d 847; Mariano v Steinberg<...

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