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WILMINGTON TRUST, N.A. v. PAPE

2017-02109. Index No. 606468/15.

169 A.D.3d 1100 (2019)

92 N.Y.S.3d 890

2019 NY Slip Op 01449

Wilmington Trust, National Association, as Successor Trustee to Citibank, N.A., as Trustee to Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Trust, Mortgage Pass-Through Certificates, Series 2006-4, Respondent, v. Christopher Pape et al., Defendants, and 134 Eel Pot Alley, LLC, Appellant.

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

Decided February 27, 2019.

Ordered that the order is affirmed, with costs.

We agree with the determination of the Supreme Court that service upon a foreign limited liability company such as the defendant 134 Eel Pot Alley, LLC (hereinafter the defendant), by personal delivery to the defendant's authorized agent was proper under CPLR 311-a. Moreover, the plaintiff's re-service of the summons and verified complaint pursuant to CPLR 311-a during the pendency of the defendant's motion to dismiss...

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