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MATTER OF GIVENS v. CITY OF NEW YORK

161609/15. 100016/16. 10402B. 100224/16. 151625/17. 153763/17. 10402A. 10402.

177 A.D.3d 532 (2019)

113 N.Y.S.3d 687

2019 NY Slip Op 08489

In the Matter of John Givens et al., Appellants, v. City of New York et al., Respondents. (And Others Actions.)

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

Decided November 21, 2019.

Petitioners' challenges to DCA's authority to promulgate rules governing process serving in New York City are unavailing. Petitioners fail to establish that state law preempts local laws in this area (see generally DJL Rest. Corp. v City of New York, 96 N.Y.2d 91, 95 [2001]), based on either a direct conflict with a state statute (see e.g. CPLR 2103[a] ["Except where otherwise...

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