DOLSON v. DiPIETRO


251 A.D.2d 535 (1998)

673 N.Y.S.2d 925

Suzanne Dolson et al., Appellants, v. Cynthia DiPietro, Respondent

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

June 22, 1998


Ordered that the order is affirmed, with costs.

The plaintiffs conceded at the Supreme Court that service was not properly made on the defendant pursuant to CPLR 308 (2). Thus, we do not consider the plaintiffs' contention that service was properly made pursuant to CPLR 308 (2) as it was raised for the first time on appeal and is supported by evidence which is dehors the record.

Furthermore, we reject the plaintiffs' contention that they should be given an...

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