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SECURITY PACIFIC NATIONAL TRUST (NEW YORK) v. CHUNASSAMY

289 A.D.2d 151 (2001)

734 N.Y.S.2d 438

SECURITY PACIFIC NATIONAL TRUST (NEW YORK), Respondent, v. MOOTOO S. CHUNASSAMY, Appellant.

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

Decided December 20, 2001.

The motion court's unchallenged finding that plaintiff failed to make proper service upon appellant requires dismissal of the action as against appellant (CPLR 5015 [a] [4]; see, McMullen v Arnone, 79 A.D.2d 496, 499; Boorman v Deutsch, 152 A.D.2d 48, 51-52, lv dismissed 76 N.Y.2d 889). Plaintiff's arguments are improperly raised for the first time on appeal, and we decline to...

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