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HOME LOAN SERVS. v. MOSKOWITZ

2009-1851 KC.

31 Misc.3d 37 (2011)

HOME LOAN SERVICES, INC., Successor by Merger to NATIONAL CITY HOME LOAN SERVICES, Respondent, v. FRANCES MOSKOWITZ et al., Respondents, and JACOB MARKOWITZ et al., Appellants.

Supreme Court, Appellate Term, Second Department.

Decided February 14, 2011.

Attorney(s) appearing for the Case

Clair & Gjertsen, Scarsdale ( Ira S. Clair of counsel), for Jacob Markowitz and another, appellants.

Knuckles, Komosinski & Elliott, LLP, Elmsford ( Jordan Manfro and Robert T. Yusko of counsel), for Home Loan Services, Inc., respondent.

PESCE, P.J., WESTON and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and the motion by occupants Jacob Markowitz and Sarah Markowitz to dismiss the petition as against them is granted.

Prior to commencing this summary proceeding, petitioner served a 10-day notice to quit upon occupants, together with a certified copy of the referee's deed, by "nail and mail" service, after four attempts at personal service had been made at different...

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