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GROSSO v. MTO ASSOCIATES LIMITED PARTNERSHIP

12 A.D.3d 402 (2004)

784 N.Y.S.2d 576

GUY GROSSO, Respondent, v. MTO ASSOCIATES LIMITED PARTNERSHIP, Appellant.

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

November 8, 2004.

Ordered that the order is reversed, on the facts, with costs, the motion is granted, the judgment dated January 29, 2002, is vacated, and the answer attached to the defendant's motion papers is deemed served.

The plaintiff commenced this action to recover damages for personal injuries allegedly incurred on premises owned by the defendant. The plaintiff served process upon the defendant via service upon the Secretary of State...

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