MIZEREK v. ROSENFELD

2016-10069, Index No. 507250/15.

162 A.D.3d 1005 (2018)

80 N.Y.S.3d 358

2018 NY Slip Op 04711

Marlena Mizerek, Respondent, v. Chaim S. Rosenfeld, Appellant, et al., Defendants.

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

Decided June 27, 2018.


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a hearing to determine whether the defendant Chaim S. Rosenfeld was properly served with process pursuant to CPLR 308 (2), and thereafter for a new determination of that branch of that defendant's cross motion which was, in effect, pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted...

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