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FRANZONE v. QUINN

300 A.D.2d 857 (2002)

750 N.Y.S.2d 899

VINCENT FRANZONE, Plaintiff, v. RICHARD T. QUINN, Respondent, and THE MONEY STORE/EMPIRE STATE, INC., Appellant, et al., Defendants.

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

Decided December 19, 2002.

Lahtinen, J.

Plaintiff commenced an action pursuant to RPAPL article 15 naming various defendants, including The Money Store/Empire State, Inc. (hereinafter Money Store) and Richard T. Quinn. Quinn asserts, and Money Store does not deny, that Money Store was not served the summons and complaint by plaintiff. Quinn thus served Money Store with a summons and his answer, which contained a cross claim against Money Store (...

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