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BROWNSTONE CAPITAL NY, LLC v. LINDSAY

2018-12420. Index No. 522709/16.

183 A.D.3d 687 (2020)

123 N.Y.S.3d 677

2020 NY Slip Op 02757

Brownstone Capital NY, LLC, Respondent, v. Horace Lindsay, Appellant.

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

Decided May 13, 2020.

Ordered that the order dated September 20, 2018, is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a hearing on the issue of whether the defendant was properly served with process pursuant to CPLR 308(2), and thereafter a new determination of those branches of his motion which were, in effect, pursuant to CPLR 5015(a)(4) to vacate the judgment dated...

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