TSIRULNIK v. BOTTON


259 A.D.2d 541 (1999)

686 N.Y.S.2d 456

ROMAN TSIRULNIK, Respondent, v. NATHAN BOTTON, Appellant, et al., Defendant.

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

Decided March 8, 1999.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

The allegations on behalf of the defendant Nathan Botton in response to the plaintiff's motion for a judgment on the issue of liability against him upon his failure to answer were sufficient to warrant a hearing on his contention that the location where the summons was delivered...

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