U.S. 1 BROOKVILLE REAL ESTATE CORP. v. SPALLONE


21 A.D.3d 480 (2005)

799 N.Y.S.2d 816

U.S. 1 BROOKVILLE REAL ESTATE CORP., Respondent, v. SILVIO SPALLONE, Appellant.

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

August 15, 2005.


Ordered that the order is reversed, on the law, with costs, the defendant's motion and cross motion are granted, the plaintiff's motion is denied, the judgment is vacated, the referee's report is rejected, and the complaint is dismissed.

The plaintiff commenced this action to recover a real estate broker's commission, and attempted to effect personal service of process on the defendant at various times on three different days at the defendant's alleged residence....

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