DUJANY v. GOULD


63 A.D.3d 1496 (2009)

882 N.Y.S.2d 343

DAWN M. DUJANY, Respondent, v. EARL GOULD Jr., Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 25, 2009.


Malone, Jr., J.

After allegedly slipping and falling on defendant's property on January 11, 2005, plaintiff commenced this personal injury action by filing a summons with notice in the Warren County Clerk's office in August 2007. On September 17, 2007, Deputy Sheriff Matt Braunius of the Essex County Sheriff's Department served the summons with notice on defendant's mother at her residence. Braunius, however, executed an affidavit that he served defendant's mother...

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