OPINION OF THE COURT
WILLIAM J. GIACOMO, J.
Factual and Procedural Background
Plaintiff commenced this action on May 28, 2010 seeking to recover $3,734.63 pursuant to a revolving credit card agreement. Defendant was served, pursuant to CPLR 308 (4), on June 16, 2010. Thereafter, on June 28, 2010, plaintiff filed the affidavit of service in Yonkers City Court rather than with the Westchester County Clerk as required by the CPLR. Defendant...
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