NEW ISLAND INVESTORS v. WYNNE


251 A.D.2d 560 (1998)

674 N.Y.S.2d 593

New Island Investors, Plaintiff, and Robert C. Hatfield et al., Appellants, v. Myrtle Wynne, Respondent, et al., Defendants

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.

Contrary to the appellants' contention, the Supreme Court properly directed a hearing to resolve the issue of whether the defendant Myrtle Wynne was properly served with process in this action. Although a proper affidavit of service attesting to personal delivery of a summons to a defendant is ordinarily sufficient to support a finding of jurisdiction, where, as here, it is...

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