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FRIEDMAN v. OSTREICHER

22 A.D.3d 798 (2005)

803 N.Y.S.2d 703

FREDERIKA FRIEDMAN, Appellant, v. DAVID OSTREICHER et al., Respondents.

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

October 31, 2005.

Ordered that the order is affirmed, with costs.

Proof that service upon the defendant David Ostreicher (hereinafter Ostreicher) was made by delivery of the summons and complaint to a person of suitable age and discretion at his dwelling and by mailing a copy to him at his residence was filed with the Kings County Clerk on June 3, 2004. Pursuant to CPLR 308 (2), service was complete 10 days after the filing date, and Ostreicher's time to appear or answer did not begin...

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