PEGUERO v. FINNIE


40 A.D.3d 945 (2007)

834 N.Y.S.2d 663

SONIA PEGUERO, Respondent, v. DOUGLAS FINNIE et al., Appellants.

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

Decided May 22, 2007.


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

The instant action was commenced by filing a summons and complaint approximately seven months after the accident. The purported service of process in October 2001 by delivery and mail pursuant to CPLR 308 (2) at premises in East Elmhurst owned by the defendants until March 2002, but where the defendants neither resided nor had their place of business, was improper. However, the plaintiff moved...

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