ZERNITSKY v. SHURKA

2011-00813.

94 A.D.3d 875 (2012)

941 N.Y.S.2d 848

2012 NY Slip Op 2678

ESTHER ZERNITSKY et al., Respondents, v. NANCY SHURKA et al., Appellants.

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

Decided April 10, 2012.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a hearing on the issue of whether proper service of process was made upon the defendant Nancy Shurka and, thereafter, for a new determination of that branch of the defendants' motion which was pursuant to CPLR 3211 (a) (8) to dismiss the complaint...

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