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BLETAS v. SUBWAY INTL. B.V.

7859, 116156/10.

96 A.D.3d 442 (2012)

946 N.Y.S.2d 130

2012 NY Slip Op 4388

PANAYOTA BLETAS et al., Appellants, v. SUBWAY INTERNATIONAL B.V., Respondent.

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

June 7, 2012.

Petitioners failed to show that the petition was served on a person authorized to receive service of process pursuant to CPLR 311 (a) (1). The provision of the parties' franchise agreements on which petitioners rely concerns only service of a notice required by the agreements, not service of process required by the CPLR. Moreover, commencement of the proceeding was untimely, since the purported service occurred more than 90 days...

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