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MORTGAGE ACCESS CORP. v. WEBB

11 A.D.3d 592 (2004)

784 N.Y.S.2d 116

MORTGAGE ACCESS CORP., Doing Business as WEICHERT FINANCIAL SERVICES, Respondent, v. FELECIA WEBB, Appellant, et al., Defendants.

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

October 18, 2004.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for a hearing to determine whether the appellant was properly served and for a new determination of the motion to vacate thereafter.

Where, as here, the appellant submitted a sworn denial that she was served with process pursuant to CPLR 308 (2), the affidavit of service...

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