Ordered that the order is reversed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for a hearing to determine whether process was properly served upon the defendant Brian Maloney.
The plaintiff does not dispute the contention of the defendant Brian Maloney that the second attempt to serve him with process was invalid since it was made more than 120 days after the summons and complaint had been...
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