MOFFETT v. GERARDI

2008-02471.

71 A.D.3d 845 (2010)

897 N.Y.S.2d 185

GEORGE MOFFETT, Respondent, v. JAMES J. GERARDI II, Appellant.

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

Decided March 16, 2010.


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

In November 2004 the plaintiff commenced this action to set aside an allegedly fraudulent deed by filing a summons and complaint with the clerk of the Supreme Court, Suffolk County. On December 6, 2004, the plaintiff filed an affidavit of service indicating that service of the summons and complaint had been made pursuant to CPLR 308 (4) at an address in Wading River. In lieu of serving an answer...

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