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NEW YORK STATE THRUWAY AUTHORITY v. FENECH

L77-09

29 Misc.3d 644 (2010)

908 N.Y.S.2d 834

NEW YORK STATE THRUWAY AUTHORITY, Plaintiff, v. NATHAN C. FENECH et al., Defendants. GRAHAM CORPORATION, Third-Party Plaintiff, v. DONALD WRIGHT, Doing Business as M & D TRANSPORT, Third-Party Defendant.

Supreme Court, Albany County.

Decided August 12, 2010.

Attorney(s) appearing for the Case

Ropers, Majeski, Kohn & Bentley, P.C., New York City ( Anthony D. Grande of counsel), for Nathan C. Fenech and another, defendants.

Napierski, VanDenburgh & Napierski, LLP, Albany ( Mark J. Dolan of counsel), for Graham Corporation, defendant and third-party plaintiff.

Andrew M. Cuomo , Attorney General, Albany ( Kathryn J. Blake of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD M. PLATKIN, J.

In this action to recover for damage to property, defendants Nathan C. Fenech and Silver Creek Transport Ltd. move, in part, pursuant to CPLR 3211 (a) (8) to dismiss the complaint as against them on the ground that the court lacks personal jurisdiction over them. Movants contend that plaintiff New York State Thruway Authority failed to effect service of process on them in accordance with the provisions of the Hague...

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