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BUTRYN v. PERFETTO CONTRACTING CO., INC.

290 A.D.2d 472 (2002)

736 N.Y.S.2d 252

WACLAW BUTRYN, Respondent, v. PERFETTO CONTRACTING CO., INC., et al., Defendants, and CONSTRUCTION FORCE SERVICES, LLC, Appellant.

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

Decided January 22, 2002.

Ordered that the order is reversed, the defendant's motion is granted, and the plaintiff's motion is denied; and it is further,

Ordered that the answer which was served by the defendant Construction Force Services, LLC, on April 19, 2001, is deemed timely; and it is further,

Ordered that the appellant is awarded one bill of costs.

The appellant, who was served by a method other than personal delivery, established that it did not receive actual notice...

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