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DAVIS v. BOLLWEG

249 A.D.2d 972 (1998)

672 N.Y.S.2d 215

James Davis et al., Respondents, v. Chad Bollweg et al., Defendants, and Steven Kenan, Appellant

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

April 29, 1998

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied the motion of defendant Steven Kenan to dismiss the action against him based upon the untimely filing of proof of service (see, CPLR former 306-b [a]). Plaintiffs' paralegal timely presented the original affidavit of service on Kenan pursuant to CPLR 308 (2) to the Onondaga County Clerk's Office as an attachment to plaintiffs' application for an order permitting service...

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