WALKER v. REYES


59 A.D.3d 436 (2009)

872 N.Y.S.2d 205

MARIANNE WALKER, Respondent, v. HECTOR REYES, Appellant.

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

Decided February 3, 2009.


Ordered that the order is affirmed, with costs.

In support of his motion pursuant to CPLR 3211 (a) (8), the defendant argued that the Supreme Court lacked jurisdiction over his person because, even though the summons was delivered to his former residence in New York, he had moved to California prior to the commencement of the action and was no longer a resident of New York. In opposition, the plaintiff presented an affidavit of service attesting that the defendant...

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