COUNTY OF NASSAU v. GALLAGHER


35 A.D.3d 786 (2006)

828 N.Y.S.2d 445

COUNTY OF NASSAU, Appellant, v. JOHN P. GALLAGHER, Respondent.

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

Decided December 26, 2006.


Ordered that the order is affirmed insofar as appealed from, with costs.

In opposition to the defendant's motion to dismiss the complaint for lack of personal jurisdiction, the plaintiff submitted a document labeled "Amended Affidavit of Service," which was sworn to and filed more than three months after the alleged mailing of the summons and complaint to the defendant. In granting the defendant's motion, the Supreme Court noted that the plaintiff failed to file the...

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