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FIRST COMMERCIAL v. NDIAYE

189 Misc.2d 523 (2001)

733 N.Y.S.2d 562

FIRST COMMERCIAL BANK OF MEMPHIS, N. A., Formerly Known as FEDERAL SAVINGS BANK, Plaintiff, v. ALIOUNE NDIAYE et al., Defendants.

Supreme Court, Queens County.

July 9, 2001.

Attorney(s) appearing for the Case

Katherine Vasilopoulos, Forest Hills, for Alioune Ndiaye, defendant.

Barry R. Carus, P. C., Syosset (Michael C. Manniello of counsel), for plaintiff.

OPINION OF THE COURT

CHARLES A. LATORELLA, JR., J.

In this mortgage foreclosure action, defendant homeowner moves to dismiss the complaint, alleging lack of personal jurisdiction. The defendant contends that the court never acquired jurisdiction over him because service of process was improper. It is asserted that the process server, licensed in the City of New York, failed to comply with General Business Law § 89-cc and 6 RCNY 2-233, promulgated by...

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