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ORTIZ v. JAMWANT

305 A.D.2d 477 (2003)

758 N.Y.S.2d 829

JUSTINO ORTIZ et al., Respondents, v. DEVANAND JAMWANT, Defendant, and DOMINICK VITUCCI, Appellant.

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

Decided May 12, 2003.

Ordered that the order is affirmed, with costs.

The Judicial Hearing Officer (hereinafter the J.H.O.) properly granted the plaintiffs' motion to dismiss the affirmative defense of lack of personal jurisdiction asserted by the appellant Dominick Vitucci. The proof elicited at the hearing to determine the validity of service of process upon the appellant established that the summons was delivered to a person of suitable age...

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