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DURAN v. EDDERSON

259 A.D.2d 728 (1999)

687 N.Y.S.2d 429

GINA C. DURAN, an Infant, by Her Mother and Natural Guardian, ANA DURAN, et al., Respondents, v. CHIN J. EDDERSON, Appellant.

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

Decided March 29, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the defendant's motion. By giving 143-33 Beech Avenue as his address to the plaintiffs at the time of the accident, and by failing to change that address with the New York State Department of Motor Vehicles as required, the defendant waived any claim that 143-33 Beech Avenue was not his address for purposes of service (see, Sherrill v Pettiford...

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