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DONLEY v. GATEWAY 2000, INC.

266 A.D.2d 184 (1999)

697 N.Y.S.2d 326

JOSEPH F. DONLEY, Appellant, v. GATEWAY 2000, INC., Respondent.

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

Decided November 1, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

In support of its cross motion to dismiss the complaint pursuant to CPLR 3211 (a) (8), the defendant, Gateway 2000, Inc., asserted, inter alia, that service of process pursuant to CPLR 311 (a) (1) was defective because the individual to whom the summons and complaint were delivered was neither its employee nor an agent authorized by appointment or law to accept service on its behalf. The...

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