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SECURITY MUTUAL LIFE INSURANCE COMPANY OF NEW YORK v. DIPASQUALE

271 A.D.2d 268 (2000)

707 N.Y.S.2d 39

SECURITY MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Respondent, v. CHRISTOPHER E. DIPASQUALE, Appellant.

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

Decided April 11, 2000.

Defendant failed to raise in his original motion his argument concerning the nonexistence of the business address to which plaintiff mailed the summons and complaint and amended summons and complaint on June 25, 1998, having left another copy of the pleadings there with a person of suitable age and discretion the previous day, and the IAS Court therefore properly declined to consider the argument on reargument (see, Pahl Equip. Corp. v Kassis, 182...

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