Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Richmond County, for a hearing on the issue of whether the defendant Richard Tobing was properly served with process pursuant to CPLR 308 (2), and a new determination thereafter of that branch of his cross motion which was pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against him for lack of personal jurisdiction...
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