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VITELLO v. RIZZO

298 A.D.2d 452 (2002)

748 N.Y.S.2d 280

RICHARD VITELLO, Respondent, v. JOSEPH RIZZO, Appellant.

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

Decided October 15, 2002.

Ordered that the order is affirmed, with costs.

The defendant moved to vacate a judgment entered January 24, 1996, upon his default in answering the complaint on the ground, inter alia, that the summons and complaint were not properly served in accordance with CPLR 308 (2). The proof elicited at the hearing to determine the validity of service of process established that the residence where the summons and complaint were served was the defendant's usual place of abode...

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