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CITY OF NEW YORK v. VJHC DEV. CORP.

14124.

125 A.D.3d 425 (2015)

2 N.Y.S.3d 453

CITY OF NEW YORK, Appellant, v. VJHC DEVELOPMENT CORP. et al., Respondents, et al., Defendants.

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

Decided February 3, 2015.

The motion court erred by granting the motion to dismiss as against Thomas pursuant to CPLR 3211 (a) (8) as unopposed; plaintiff opposed it.

Plaintiff properly served Thomas with the amended complaint pursuant to CPLR 308 (2) by delivering it to his 47-year-old daughter Vera at his actual place of business and mailing it to his actual place of business in an envelope marked "personal and confidential." Thomas contends that Vera was not authorized to accept service...

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