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BUCKEYE RETIREMENT CO., LLC, LTD. v. QUATTROCCHI

2008-09613

67 A.D.3d 848 (2009)

888 N.Y.S.2d 430

2009 NY Slip Op 08576

BUCKEYE RETIREMENT CO., LLC, LTD., Appellant, v. JOHN M. QUATTROCCHI, Respondent.

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

Decided November 17, 2009.

Ordered that the order is affirmed, without costs or disbursements.

CPLR 5225 (a) requires that notice of a motion to compel the turn over of personal property "shall be served on the judgment debtor in the same manner as a summons or by registered or certified mail, return receipt requested" (CPLR 5225 [a]). The plaintiff's affidavit of service revealed that the judgment debtor was served by regular mail, rather than by a method set forth in CPLR 5225 (a). The failure...

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