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GRAND PACIFIC MORTGAGE CORP. v. PIETRANSKI

2018-06321, Index No. 12496/08.

175 A.D.3d 1503 (2019)

109 N.Y.S.3d 158

2019 NY Slip Op 06755

Grand Pacific Mortgage Corp., Appellant, v. Richard Pietranski et al., Defendants, and Dawn Flaim, Respondent.

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

Decided September 25, 2019.

Attorney(s) appearing for the Case

Davidson Fink LLP, Rochester, NY ( Richard N. Franco of counsel), for appellant.

Haber & Haber, LLP ( Rachel Schulman, Esq. PLLC, Great Neck, NY, of counsel), for respondent.

Mastro, J.P., Rivera, Miller and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

On April 1, 2008, the plaintiff commenced this action against the defendants to foreclose a mortgage. According to an affidavit of service, a process server attempted to personally deliver the summons and complaint to the defendant Dawn Flaim at her dwelling place in Suffolk County on Saturday, April 5, 2008, at 7:10 a.m., on Monday, April 7, 2008, at 8:35 p.m., and on Tuesday, April 8, 2008, at 2:00 p.m. The affidavit...

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