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OPARAJI v. DURAN

18 A.D.3d 725 (2005)

795 N.Y.S.2d 341

MAURICE OPARAJI, Appellant, v. FRANCIS C. DURAN et al., Respondents.

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

May 23, 2005.

Ordered that the order dated May 3, 2004, is affirmed insofar as appealed from, with costs.

According to the affidavit of service, the defendant Francis C. Duran was served with process pursuant to CPLR 308 (2) on April 17, 2002. The defendant Dolca M. Cosme admittedly was never served with process. Nevertheless, both defendants appeared in this action, inter alia, by service of an answer and discovery demands on July 29, 2002. By notice of motion dated September...

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