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ARBELAEZ v. WU

18 A.D.3d 583 (2005)

795 N.Y.S.2d 327

GUILLERMO ARBELAEZ, Appellant, v. CHUN KUEI WU et al., Defendants. ALLSTATE INSURANCE COMPANY, Nonparty Respondent.

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

May 16, 2005.

Ordered that the order is affirmed, with costs.

On January 26, 2001, the plaintiff commenced this action to recover damages for personal injuries he sustained in an automobile accident which occurred on December 1, 1998. The plaintiff purportedly served the defendant Albert G. Foster by so-called "nail and mail" service. However, Foster had died on December 16, 1999, prior to the commencement of the action. Correspondence in the record establishes that by July 20...

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