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RAYTSIN v. DISCOVER BANK

6 Misc.3d 48 (2004)

790 N.Y.S.2d 808

CONSTANTIN RAYTSIN, Appellant, v. DISCOVER BANK, N.A., Respondent.

Supreme Court, Appellate Term, Second Department.

December 8, 2004.

Attorney(s) appearing for the Case

Constantin Raytsin, appellant pro se.

PESCE, P.J., PATTERSON and RIOS, JJ., concur.

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

The summons and complaint in the instant case were purportedly served upon defendant in Ohio. However, the affidavit of service thereof, which was executed in Ohio, failed to comply with CPLR 2309 (c) and Real Property Law § 299-a. Some cases note that an affidavit executed outside the state is defective due to the failure to...

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