AGUDO v. ZHININ

2009-11008.

74 A.D.3d 712 (2010)

901 N.Y.S.2d 527

MARIA CANALES AGUDO, Respondent, v. GLORIA ZHININ, Defendant, and DANA KOSITS et al., Appellants.

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

Decided June 1, 2010.


Ordered that the order dated October 6, 2009, is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for a hearing to determine the validity of service of process upon the defendants Dana Kosits and Lisa Kosits and thereafter for a new determination of their motion to vacate their default.

Inasmuch as there is a triable issue of fact as to whether the premises at which "nail and mail" service was made was the "dwelling...

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